CHANDAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition challenges an order dated 16th January, 2012 passed by the Commandant, 151st Battalion of the Border Security Force ("BSF") which, while reinstating the Petitioner in service, treats the period of his absence between 15th October, 1997 and 24th November, 2011 i.e. a total of 5154 days as "dies-non". The Petitioner has also challenged the orders dated 21st May, 2014 and 30th May, 2014, which declined his prayer for grant of first financial upgradation under MACP Scheme due to non-completion of 10 years of regular service.

(2.) This is the second round of litigation involving the Petitioner. The background facts are that the Petitioner enrolled as a Constable in the BSF in the year 1991. On 10th July, 1997 he was charge-sheeted along with Nk. Raj Kumar in respect of the complaint made by Ex. HC Puran Singh. Both the Petitioner and Nk. Raj Kumar were subjected to a Security Force Court Trial and both were found guilty of the charges levelled against them on 12th July, 1997. This has resulted in both of them being dismissed from service.

(3.) Aggrieved by the dismissal order, the Petitioner filed W.P.(C) No. 1600/1998. The said writ petition came up for hearing finally more than 12 years thereafter on 22nd September, 2011. This Court noted that the incident in respect of which a charge-sheet was served was one in which the role of Nk. Raj Kumar was the primary one. This is evident from para 12 of the order which reads as under:-