MANISH KUMAR NATHUBHAI Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition has been filed challenging the order dated 5th December, 2018 passed by the Inspector General, Ftr. HQ, BSF, Tripura. Petitioner also seeks direction to the respondents to stay the effect and operation of the said order and to continue the services of the petitioner in his particular post.

(2.) Learned counsel for the petitioner states that the service of the petitioner who was a Constable with 164 Bn was terminated vide order dated 9th April, 2018 under Sections 16(c) and 24 (c) of BSF Act, 1968 for inflicting a bullet injury on his left thigh by firing on himself from his service rifle while on second shift in HIT (Hot Interaction Team Duty) on 20th October, 2017.

(3.) Learned counsel for the petitioner submits that the petitioner selfinflicted the bullet injury due to momentary lapse of reason and in a tortured state of mind as he was berated by senior officer Mr. Prakash Sundi and his driver Dharmendra Shukla after they found him sleeping on duty. She further states that years of dedicated service undergone by the petitioner should not be overlooked because of this incident.