CONSTABLE BHISHAM SINGH Vs. BORDER SECURITY FORCE

JUDGEMENT

(1.) This is a writ petition whereby the petitioner challenges the order of punishment of dismissal from service imposed on him by the respondents. The facts giving rise to the petition are as follows:-

(2.) The petitioner was a constable in the Border Security Force. The first respondent, Border Security Force, has been arrayed through its Director General, and the second respondent, Union of India, has been impleaded through the Secretary, Ministry of Home Affairs. The petitioner joined the Border Security Force on November 5, 1992. On the date of the incident, viz., August 7, 2000, he was discharging his duties of a constable at the BOP Tent post. H.C. Maiigal Dev Barman took the roll call of the members of the force available in the BOP. After the roll call, HC Mangal Dev Barman asked them to spell out their grievances, if any. The petitioner who had also joined the roll call remonstrated by saying persons returning from last OP duty should not be deputed for the night ambush duty. HC Mangal Dev Barman clarified that due to shortage of manpower every Jawan in the BOP is required to perform ambush duty. HC Pratap Singh, who was also present, interjected and supported the views ofHC Mangal Dev Barman. The intervention ofHC Pratap Singli was objected to by the petitioner. In response, HC Pratap Singh stated that whatever he had said was true. Upon this the petitioner got irritated and took umbrage to the remarks ofHC Pratap Singh. He threatened to kill him. HC Pratap Singh responded by saying as to why the petitioner would kill him wlien all he was stating was that duty had to be performed by all available persons in the BOP. The petitioner is alleged to have lost his temper and caught hold ofHC Pratap Singh and pushed him out of the roll call parade. He is also stated to have used abusive and filthy language. 'Hie brawl, however, was stopped at me intervention of others who were present at the roll call parade. The matter was reported by HC Pratap Singli to Post Commander SI Bhagwan Singh who advised him to file a written complaint. Thereafter, HC Pratap Singh went to the barrack to write a complaint. He was followed by the petitioner who started inflicting blows on him. This resulted in following injuries on the person of HC Pratap Singh: -

(3.) We have heard the learned counsel for the parties as they have consented to tlie disposal of the writ petition at the show cause stage.