JANARDAN SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) TO effect recruitment of constables under Border Security Force (BSF) a Recruitment Board was constituted to conduct the Physical Endurance Test and other tests in various towns in the eastern part of the State of Uttar Pradesh between the dates 25th May and up to 12th June 1988. TO maintain discipline during the selection process a team was deputed consisting of Head Constables and Constables of which the petitioner was put in-charge and named as the Commander of the Team. This team was called ,,Administration Party. It is apparent that the name was so given because the team under in charge of the petitioner was to ensure that the prospective candidates were well managed as it was expected that a large number would report for recruitment and the number of persons to be handled would be a crowd.

(2.) THE team visited various towns in Eastern Uttar Pradesh which included the towns of Varanasi and Mirzapur. Complaints were received of candidates being fleeced i.e. being made to part with money on the promise of securing employment and as would be noted herein after certain incidents in respect whereof evidence was led had taken place between the said dates.

(3.) NEEDLESS to state, as noted hereinabove, the allegations against the petitioner and others were of obtaining gratification for procuring enrolment as constables from prospective candidates and thus it is apparent that a case was made out to convene a Security Force Court and lay the indictment. It was so done under cover of a charge-sheet dated 1.4.1991 in which 3 charges were laid against the petitioner as under:-