RAJBIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) UPON a complaint made by SI Mahender Singh alleging that the petitioner, a constable with Central Industrial Security Force, deserted his duty post on 6.7.1997, the Commandant of the unit BNP Dewas (Madhya Pradesh) issued a charge sheet dated 23.08.1997 against the petitioner listing 2 Articles of Charge which read as under:-

(2.) IT needs to be highlighted that the indictment is fairly serious inasmuch as the statement of imputation along with the charge-sheet would evidence that government currency i.e. notes printed at the Government press at Devas had to be sent by train to Chandigarh to be delivered at the Reserve Bank of India. An escort party was constituted under the command of SI Mahender Singh. The escort party was issued arms and ammunition. Petitioner was a member of the escort party. When the currency chests were loaded into the bogie of the train at Ujjain Railway Station and as the escort party members were putting their luggage inside the next bogie i.e. the escort bogie, the petitioner disappeared leaving his rifle behind on a berth in the train, without entrusting custody thereof to any colleague and took along with him the 50 rounds of ammunition issued to him. A party of 2 officers went to his village Rewari (Haryana) and found him at his house on 16.7.1997. The ammunition was recovered at the instance of the petitioner as he told the said officers that he had left the ammunition with a friend at Delhi.

(3.) ON being questioned by the Inquiry Officer petitioner stated that he had handed over his rifle bearing Butt No.52 to Nk.Garib Dass and that the Officer-in-charge was aware of his handing over the rifle and had verbally discharged him from duty. That he had to take away the 50 rounds of Bolt Action bullets because Nk.Garib Dass requested him to do so telling him that his i.e. Nk.Garib Dasss luggage had become heavy.