PREM PAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner, a constable with Border Security Force, attached with A? Coy of 83rd Bn. BSF, was a member of the North Bengal Frontier Shooting team. On 03.02.1996, the team arrived at New Jalpaiguri Railway Station, West Bengal to board a train to Indore, where an Inter Frontier Shooting Competition was to be held and at the station, a brawl ensued between the Commander of the group, HC Jai Bhagwan Singh and the petitioner; both of whom suffered injuries.

(2.) A report of the incident was sent to the Commandant of the unit who took cognizance of the offence report and summoned the petitioner for hearing of the charge and pertaining to the said proceedings issued a charge sheet to the petitioner alleging as under:

(3.) HC Jai Bhagwan Singh PW-1 deposed that on 3.2.1996 along with other officers of the North Bengal Frontier Shooting Team he arrived at New Jalpaiguri Railway station to board a train to Indore and since he was detailed as the Commander of the team, in that capacity, he ordered all members to load the luggage into the train bogie. All, except the petitioner obeyed his command and when he asked the petitioner as to why he was disobeying the orders, the petitioner said: AAP MERE KO KAUN HOTE HO ORDER DENEWALE?? He reported against the petitioner to SI Rajnish Kumar but in the meantime the petitioner went out of sight. After a while he saw the petitioner again and he i.e. HC Jai Bhagwan Singh said to the petitioner: TUM BAHANCHOD NA KAL RIFLE PACKING ME THE AUR NA AAJ LANE ME HAU?. At that, the petitioner became violent and started beating him. Ct.Bhanu Pratap assisted the petitioner by holding him i.e. HC Jai Bhagwan Singh when the petitioner was assaulting him with his belt and bit his i.e. HC Jai Bhagwan Singh?s fingers. The scuffle stopped only after other members of the team intervened and separated the two. As a result of the scuffle, he sustained injury on his head and a fracture on his right hand.