EX CONST JANDEL SINGH Vs. UOI

JUDGEMENT

(1.) THE petitioner, enrolled with the Border Security Force as a constable was sent to its Academy at Tekanpur in the year 1980 and after completing his basic training was appointed as a constable with the Force on 10.10.1981. After several postings in different units, he was attached to the 94th Bn. on 17.03.1993 where he performed duties of an Adjutant. It was complained against the petitioner that on 15.01.1995 he was found creating a nuisance in front of civilians in a state of intoxication and that when brought to the barracks he assaulted a sentry Ct.Puran Mal who was on duty and damaged the telephone of GD office by kicking it.

(2.) THERE is a dispute regarding what happened on 15.01.1995 after the alleged incident. Whereas the petitioner alleges that on 15.01.1995 he was placed under close arrest in BSF custody without being informed about the particulars of the charge levied upon him, the respondents allege to the contrary and submit that the petitioner was put under close arrest in BSF Custody on 30.01.1995 for his Summary Security Force Court trial under Rule 38 of the BSF Rules 1969.

(3.) WE may highlight that neither the BSF Act nor the Rules framed thereunder require acknowledgement to be obtained when a charge sheet is served and the authorities rely upon the principle that official acts are presumed to have been done as required by law unless the contrary is proved by he who alleges to the contrary. This position remained till around the year 1998, by which time the authorities realized that it would be advisable to obtain the signatures of the accused when charge sheet was served and dealing with writ petitions filed by the jawans and officers of Central Para Military Forces we find that somewhere in the middle of the year 1998 the department became more vigilant to obtain the signatures of the accused when charge sheet was served. It is apparent that this dispute is a dying dispute inasmuch as this Court is left with about 180 writ petitions pertaining to Central Para Military Forces which were filed till the year 1998.