JITENDER SINGH Vs. UOI & ORS.

JUDGEMENT

(1.) BY this writ petition, the petitioner assails the findings and sentence imposed on him by the Summary Security Force Court on the 2nd December, 2008 and its countersigning by the DIG on 12th January, 2009 in exercise of powers under Rule 161 of Border Security Force Rules, 1969 (hereinafter referred to as "BSF Rules, 1969 for brevity). The petitioner also assails the rejection of his statutory representation by the order dated 22nd April, 2009 by the Director General -respondent no. 2.

(2.) THE petitioner has assailed the findings and sentence on several grounds including a challenge to the procedure followed by the Summary Security Force Court. The ground of challenge pressed before us, however, is the contention of Mr. Bishram Singh, learned counsel for the petitioner to the effect that the findings and sentence of the petitioner are based on no evidence at all. It is submitted that the petitioner has been wrongly framed in the case and that there was no material to connect the petitioner with the allegations made against him.

(3.) BASED on a preliminary report from the Company Commandant as well as from the Vigilance Cell, the petitioner is stated to have heard by the Commandant on allegations of having committed offences under Sections 40 & 46 of the BSF Act. It was alleged that the petitioner while deployed at BOP, Asharidha on 21st August, 2008, had arranged to send an amount of Rs. 50,000/ - to the said Shri Bhupinder Singh through civilian contacts. This amount was disproportionate to his known source of income which he could not satisfactorily account for. The second charge against the petitioner was that he was in possession of Rs. 50,000/ - in cash in violation of Standing Operating Procedure/instructions which mandate that the BSF personnel deployed on BOP, cannot keep more than Rs. 500/ - in cash with him without permission.