NASHIB SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) By this writ petition, the petitioners seek quashing of the order of the Commandant, 138 Bn. BSF, dated May 2, 2001 dismissing the petitioners from service and for direction to reinstate the petitioners with all consequential benefits including back wages. The facts giving rise to the writ petition are as follows :-

(2.) One Constable Sarwan Lal posted in 138 Bn. BSF, made a complaint against the petitioners that they while performing their OP duty allowed safe passage to smugglers from India to Bangladesh near BP No. 149 (MP). He also reported that on March 11, 2001 the petitioners snatched his personal weapon SLR Butt No. 05, and manhandled him and gave beating to him with Butt of the said weapon causing minor injury on his right leg. A charge sheet was served on the petitioners on March 15, 2001. From March 15, 2001 to March 17, 2001 summary of evidence was recorded which was followed by a fresh charge sheet dated April 25, 2001 and also a final charge sheet dated April 28, 2001. The charge sheet dated April 28, 2001 reads as under :-

(3.) Thereafter the petitioners were tried by the Summary Security Force Court. On May 2, 2001 the Summary Security Force Court held the petitioners to be guilty of the second and third charges contained in the charge sheet dated April 28, 2001. Consequently, the Summary Security Force Court convicted the petitioners and sentenced them to suffer dismissal from service. The finding and sentence of the Summary Security Force Court were promulgated on May 2, 2001. Pursuant thereto, the Commandant, 138 Bn. BSF, struck off the petitioners from the strength of 138 BN BSF. Thereupon, the petitioners filed an appeal against the order passed by the Commandant dated May 2, 2001. The appeal of the petitioners did not find favour with the Appellate Authority, the Director General, B.S.F., and the same was rejected as being devoid of merit.