JAIPAL SINGH Vs. UOI

JUDGEMENT

(1.) THE petitioner Jai Pal Singh was enrolled in BSF as a constable on 1.7.1969 and earned promotions and as of the year 1998 had earned the rank of a Sub Inspector. He was attached to 131st Bn BSF on 26.12.1998. In the year 2000 he was deployed at BOP Bhatgachi, Nadia as Post Commander of ,,E Coy, 131st Bn BSF. As per the prosecution one SI Jaibir Singh unearthed a cattle smuggling racket at the BOP Bhatgachi in which it further surfaced that petitioner had been giving safe passage to smugglers.

(2.) THE Commandant of the Battalion ordered Record of Evidence to be drawn up and detailed Asstt.Cmdt.S.K Majumdar, 131st Bn BSF to prepare the Record of Evidence. THE Record of Evidence and Additional Record of Evidence was prepared on the basis of which it was prima facie established that the allegations against the petitioner of giving safe passage for cattle and salt smuggling were substantiated. THE Record of Evidence was considered by the Commandant and finding prima facie material to frame a charge against the petitioner, the Commandant framed the following charges against the petitioner:- "FIRST CHARGE BSC ACT SEC 46 COMMITTING A CIVIL OFFENCE THAT IS TO SAY BEING A PUBLIC SERVANT AGREES TO ACCEPT FROM ANY PERSON FOR HIMSELF ANY GRATIFICATION WHATEVER OTHER THAN LEGAL REMUNERATION AS A REWARD FOR SHOWING IN EXERCISE OF HIS OFFICIAL FUNCTION, FAVOUR TO ANY PERSON PUNISHABLE U/S 7 OF PREVENTION OF CORRUPTION ACT, 1988 In that he, While deployed at BOP Bhatgachi, as post Comdr of ,,E Coy 131 Cn BSF, between 16 Aug 2000 to 18 Aug 2000, accepted a sum of Rs.250/- (two hundred and fifty only) through CT R. Ayyanar ,,E Coy of 131 Bn BSF which was accepted from the smuggling for allowing them safe passage for smuggling of goods (Cattle Heads), from India to Bangladesh from the area of BOP Bhatgachi. SECOND CHARGE BSF ACT SEC 46 COMMITTING A CIVIL OFFENCE THAT IS TO SAY BEING A PUBLIC SERVANT AGREES TO ACCEPT FROM ANY PERSON FOR HIMSELF ANY GRATIFICATION AS A REWARD FOR SHOWING IN EXERCISE OF HIS OFFIICAL FUNCTIONS, FAVOUR TO ANY PERSON PUNISHABLE U/S 7 OF PREVENTION OF CORRUPTION ACT, 1988 In that he, While deployed at BOP Bhatgachi, as post Comdr. Of ,,E Coy of 131 Bn BSF on 26 Aug 2000, accepted a sum of Rs.500/- (five hundred only) through CT R. Ayyanar "E Coy of 131 Bn BSF which was accepted from smugglers for allowing them safe passage for smuggling of goods (Cattle) and Salt) from India to Bangladesh from the area of BOP Bhatgachi."

(3.) BEFORE noting the relevant facts it may be noted by us that since the Appellate and the Revisional Orders are non- speaking orders, vide judgment and order dated 16.1.2006 the writ petition was disposed of directing the Appellate Authority to dispose of the Appeal filed by the petitioner against the order dated 23.11.2001 by giving reasons, which order has been set aside by the Supreme Court vide order dated 18.11.2010 and this is the reason why the writ petition stands restored for adjudication on other pleas urged.