SUNIL KUMAR YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed this petition under Article 226 of the Constitution of India against his dismissal from the Sashastra Seema Bal (SSB) with the following prayers:

(2.) The facts as are relevant for the disposal of the case can be briefly stated. The petitioner joined the services of the SSB as a Constable on 29th July, 2011 and during the course of his service was last posted with the 27th Battalion SSB Narkatiaganj and was attached to the Office of the Area Organiser, Narkatiaganj Area, SSB for official duties.

(3.) On 25th November, 2014, he claims to have received input from his source about the smuggling of gold from Muzaffarpur to Delhi in Saptakranti Express train by certain persons. According to him, he immediately conveyed this information to his superior officers Sh. S.K.Sharma, Sub-Area Organiser and Sh.Alok Pandey, Sub-Area Organiser (SAO). They duly authorised him to proceed to the Narkatiaganj Railway Station along with CT/GD Satyendra Kumar, to conduct the operation against the alleged smugglers. It is the case of the petitioner that he, with much effort, was able to apprehend a smuggler and the apprehension was duly notified to the superior officers. By this time, however, the Saptakranti Express had already reached Bagaha Railway Station which was almost 50 kms away from Narkatiaganj where the petitioner and Constable Satyendra Kumar, along with the smuggler de-boarded the train. He also recovered 3 pieces of gold weighing almost half kg from the smuggler.