CONST JAIBIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) PERTAINING to an incident which took place at the BSF Camp at Cooch Behar on 11.5.2003, 3 constables of BSF were issued a charge as under:-

(2.) AS per BSF Act and the Rules Deputy Commandant V.K.Singh was required to prepare the record of inquiry and he proceeded to do so and submitted the same to the Commandant but could not be taken to the logical conclusion, as claimed by the respondents, and in respect whereof we would be noting the appropriate pleadings while deciding the controversy raised on the record of inquiry being prepared for a second time.

(3.) IT may be noted here that an opportunity was given to the accused to avail the services of a defence assistant, which they avail by requiring Deputy Commandant Sh.Raj Kumar to act as the friend of the accused and record produced, in original, before us shows that Deputy Commandant Raj Kumar acted as the friend of the accused when the first proceeding was conducted by the Court on 5.4.2004 and as recorded in the proceedings of said date.