RAM KISHORE SINGH Vs. UOI

JUDGEMENT

(1.) WE note the admitted facts. The petitioner and the respondents are not at variance that with effect from June 04, 1996, the petitioner proceeded on 30 days earned leave up to July 03, 1996 and thus had to re-join the 19th Bn. with which he was attached, on July 04, 1996, but while on leave he submitted an application for leave to be extended by 20 days which request was accepted and petitioner was sanctioned leave up to July 23, 1996; requiring him to join the battalion on July 24, 1996. He submitted another application seeking leave to be extended which request was denied as per letter dated July 23, 1996 addressed to the petitioner.

(2.) IT is also not in dispute between the parties that the respondents issued an apprehension roll requiring the Superintendant of Police, Bhind; the place where the petitioner permanently resided, to apprehend and produce the petitioner. Petitioner was apprehended and handed over to the BSF Academy Tekanpur on August 09, 1997, wherefrom on September 16, 1997, he was brought to the location where the 19th Bn. was stationed i.e. Jammu. Parties are also not at variance on the fact that on December 23, 1996 the petitioner was arrested in FIR No.60/96 pertaining to offences punishable under Section 302, 201, 120-B IPC and he was admitted to bail on April 03, 1997. On April 30, 1997, he informed said fact to the Commandant of his Battalion but in spite of being admitted to bail did not report to the Commandant of the Battalion.

(3.) ON being apprehended by the police and handed over to BSF Academy, Tekanpur on August 09, 1997 and brought to the battalion Headquarters at Jammu on September 16, 1997, the relevant record which has been produced before us evidences that the Commandant took cognizance of an offence report placed before him as per the requirement of Rule 43 of the BSF Rules 1969 pertaining to petitioner having committed an offence under Section 19(a) of the BSF Act 1968 i.e. absenting himself without leave. In the offence report it was noted that granted leave initially for 30 days which was extended by another 20 days and thus leave being sanctioned up to July 23, 1996, the petitioner absented himself without leave till he was apprehended by MP Police and handed over to BSF Academy Tekanpur on August 09, 1997 i.e. unauthorized absence for a period of 1 year and 16 days. The relevant record shows that after the Commandant took cognizance of the offence report, the petitioner was marched up to the Commandant at 11:00 hours on September 17, 1997 and after hearing the petitioner the Commandant decided that it was a fit case for Abstract of Evidence to be prepared as per Rule 45 and for which, as per the record, Asst.Comdt.Hoshiyar Singh was appointed as the officer to prepare the abstract of evidence and as per the requirement of Rule 45 a formal charge was drawn and handed over to the petitioner. The charge reads as under:-