EX CONST SANTOSH KUMAR Vs. UOI

JUDGEMENT

(1.) THE petitioner was enrolled with the Border Security Force as a constable in the year 1994 and in the year 2008, he was attached to the ,,E Coy of 172nd Bn. BSF which was deployed at Border Outpost Khutadah at the Indo-Bangladesh Border. In the month of May, a platoon of the ,,E Coy, to which the petitioner was attached, was deployed at BOP Taltoli. It was complained against the petitioner that on 09.05.2008, while performing duties at BOP Taltoli the petitioner gave safe passage to smugglers to carry 18 bags of Potash and 1 bag of Salt into Bangladesh and used insubordinate and abusive language against his superior officer, Asst.Comdt.Sunil Kumar. While the said complaint was being considered by the senior officers at the Head Quarters of 172nd Bn., another complaint was made against the petitioner stating that on 25.05.2008 he became violent and used threatening language against Asst.Comdt.Sunil Kumar.

(2.) TAKING cognizance of the two offence reports and proceeding to comply with Rule 45 of the BSF Rules 1969 i.e. conduct a hearing of the charge, in the absence of the Commandant, the Officiating Commandant of the Unit conducted the said proceeding at Aradhpur, Malda and after examining SI Ramji Lal Raigar, Asst.Commdt.Chottu Ram, Asst.Commdt.Sunil Kumar, HC Bijender Prashad and Ct.Gurupada Biswas and hearing the petitioner ordered that of Evidence to be prepared by ,,Record Asst.Comdt.M.S.Khatana and for the purposes of preparation of Record of Evidence drew up a charge sheet containing three charges as under:-

(3.) MEANWHILE, another incident took place on 13.11.2008 when it was reported to the Commandant that the petitioner had left the post where he was detailed to perform duties and was found drunk at a deserted building of a Panchayat School, Rokhia and when attempted to be brought back to the Unit the petitioner assaulted the BSF personnel in respect of which incident the petitioner claims that he was beaten by HC Dinesh Singh because of which he had to be hospitalized and the respondents counter-urge that the petitioner got himself admitted in TMC Agartala on 16.11.2008 till 25.11.2008 on the pretext of chest pain to avoid disciplinary action.