LAL CHAND Vs. UOI

JUDGEMENT

(1.) PETITIONER was enrolled as a Constable (Driver) with BSF on 15.6.1990 and within a short span of less than 7 years earned 4 penalties, all of which were connected with petitioner being found to be intoxicated and under influence of alcohol; either absenting from duty or doing another act which was an offence. On all 3 occasions the petitioner was awarded rigorous imprisonment in force custody for periods ranging between 14 days to 28 days.

(2.) BEING vested with a power under Rule 26 of the BSF Rules, which empower the Commandant to compulsorily retire a force personnel who is found to be not suitable or whose continuation in service is opined to be unwarranted; after serving show-cause notice upon the petitioner requires him to respond as to why power be not exercised under Rule 26 and listing in the show-cause notice dated 6.3.1997, the grounds on which proposed action was contemplated; needless to state being a reference to the 3 past penalties earned by the petitioner, vide impugned order dated 2.5.1997 the petitioner was compulsorily retired from service.

(3.) BOTH pleas are meritless.