RAM PHAL Vs. UOI

JUDGEMENT

(1.) Taking cognizance of an offence Report dated 22.5.1994 and conducting proceedings contemplated by Rule 45 of the BSF Rule 1969 i.e. the hearing of the charge and forming an opinion that Record of Evidence was required to be prepared, drawing up a formal charge, the Commandant of Unit to which the petitioner was attached directed Deputy Commandant Y.M. Upadhyay to complete proceedings pertaining to Record of Evidence.

(2.) Statement of 10 witnesses were recorded during Record of Evidence.

(3.) Summarising the deposition of 10 witnesses, all of whom were permitted to be cross-examined, it may be noted by us that HC Harbans Singh PW-1, deposed that on 21.5.1994 at about 19:45 hours when CHM Lachhi Ram was holding Roll Call, Ct.Ram Phal i.e. the petitioner and Ct.Uday Pal Singh made a complaint that since the Cook Ct.Satbir Singh, was not cooking enough chapaties the 2 could not partake that evening meal. He i.e. HC Harbans Singh inquired from Ct.Satbir Singh as to why he had cooked less chapaties, to which Ct.Satbir Singh replied that in the past chapaties used to be wasted and this was the reason he cooked less chapaties today. He said that constables should inform him in advance the number of chapaties they would like to eat so that wastage of ration could be prevented. That while responding to him, Ct.Satbir Singh used uncivilised language. Due to uncivilised language used by Ct.Satbir Singh, one Ct.Sunil Dutt started arguing and CHM Lachhi Ram had to take all of them including HC Harbans Singh to the Coy. Commander. On the way to the office of the Coy. Comdr., Ct.Ram Phal and Ct.Uday Pal Singh used uncivilised language against him i.e. HC Harbans Singh. Both of them accused him by saying that ever since he became the mess Commander he was procuring false bills from shop keepers and also that he had deliberately left them at the market, which allegations he i.e. HC Harbans Singh denied. An inquiry was thereafter conducted as regards the allegations made by them. As the same were found to be baseless by the Coy. Comdr. the 2 were called the next day i.e. on 22.5.1994 and when told that the allegations made by them the previous day were false they immediately retaliated by taking off their cap and belt and threw the same. The Coy. Comdr. left for patrolling duty and he i.e. HC Harbans Singh returned to place back the Mess Register and as he came back, the two i.e. Ct.Ram Phal and Ct.Uday Pal Singh threatened him stating that they would kidnap his children and abused in the name of his sister. Seeing their aggressive stand he i.e. HC Harbans Singh ran to the living barracks where Nk.G.P.Tiwari, Ct.Radhey Shyam, Ct.Rajesh Kumar, LNK Dvr.R.Morandi and Sweeper Kiran Pal were present. He sought their help. Ct.Ram Phal and Ct.Uday Pal Singh entered the room and mercilessly beat him as he was being rescued and taken to a safe place i.e. Signal Center, the 2 constables continued to assault him. Nk.G.P.Tiwari contacted the Coy.Comdr. who reached at the Signal Center. He i.e. HC Harbans Singh was sent to the Battalion Headquarter for medical treatment since as a result of the beating he sustained a swelling on the left side of his forehead and got injury on the upper lip, and swelling below the right eye and lacerated wound on the left leg.