DIWAN BHAI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner joined the Border Security Force as a Constable in the year 1990 and was lastly posted in 62 Bn. Border Security Force. On 24.6.1998, the petitioner was detailed for duties for lower camp during 1800 hrs. to 2350 hrs. He was, however, found by the Guard Commander of gate No.2 in a state of intoxication at about 2115 hrs. with his personal weapon. The gate No.2 opens towards civilian area, which was declared out of bound area after sun set. In the Border Security Force the persons detailed for duty are not permitted to consume liquor but it was found that the petitioner had consumed liquor and way in a state of intoxication. In view of the aforesaid position, the petitioner was heard on 25.6.98 as per the provisions of Rule 45 of the B.S.F. Rules and recording of evidence way ordered. In the said recordiny of evidence, the statements of prosecution witnesses were recorded in the presence of the petitioner and the petitioner was given full opportunity to cross-examine the prosecution witnesses and also to make any statement in his defence. The petitioner was also afforded an opportunity to produce any witness in his defence but he declined to do so. However, on being given an opportunity to make a statement, he availed the same.

(2.) The petitioner was, thereafter, tried by a Summary Security Force Court by his Officiatiny Commandant on 2.7.1998. The petitioner was charged on two counts - firstly, under Section 19(d) of the BSF Act (for without sufficient cause failing to appear at the time fixed or at the place appointed for duty) and secondly under Section 26 of the BSF Act (for intoxication). During the said trial the petitioner pleaded guilty to both the charges. when asked as to whether he wants to make any statement in mitigation of punishment, the petitioner submitted that he had done a mistake, for which he might, be pardoned. During the aforesaid trial, Sh.Swaran Singh, DC 37 Bn. B.S.F. was provided to the petitioner as friend or the accused as per provisions of rule 158 of the B.S.F. Rules. Keeping In view the totality of the circumstances and the evidence on record and the gravity of offence and the plea of the petitioner, the Summary Security Force Court awarded sentence of dismissal from service to the petitioner.

(3.) Being aggrieved by the aforesaid order of awarding of sentence, the petitioner submitted a statutory petition to the Director General, B.S.F. The said appeal was considered by the Director General, B.S.F. and on consideration the of the said appeal was rejected being devoid of merit. Being aggrieved by the said orders, the present petition is preferred in this court.