H.D. CHAKRABORTY Vs. UOI

JUDGEMENT

(1.) In the year 1992 the Petitioner was employed as a Deputy Commandant with BSF and was attached with the 8th Bn. which was stationed for duties in Kashmir Valley. BSF officials conducted a search operation on 8.4.1992 and apprehended 2 Pakistan trained militants. The local people raised an issue on the said two persons being apprehended. A written complaint was received on 25.5.1992 against the Petitioner alleging that he had demanded illegal gratification in sum of 20,000/- from the complainants Jabar Khan and Mohd. Ali Ganai to release the 2 persons who were detained. As per the department the Commandant of the 8th Bn. made discreet inquiry pertaining to the complaint and found substance therein. Since by then the Petitioner stood attached to the 67th Bn. the complaint along with the discreet inquiry report was sent to the Commandant of the said battalion for necessary action.

(2.) As claimed by the department the Commandant complied with Rule 44 of the BSF Rules, 1969 and reduced in writing the allegation as set out in Appendix VI i.e. framed the charge dated 27.8.1992, which reads as under:

(3.) As per the department the Commandant, in compliance with Rule 45B of the BSF Rules 1969, conducted proceedings pertaining to hearing of the charge and finding a case made out to prepare a Record of Evidence detailed Mohinder Lal, Deputy Commandant of the 67th Bn. BSF as the Recording Officer to prepare the Record of Evidence.