EX. CONSTABLE RAKESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has sought a writ of certiorari seeking quashing of the SSFC proceedings in which the petitioner allegedly pleaded guilty and the SSFC sentenced the petitioner to undergo six months rigorous imprisonment and dismissed him from service. THE petitioner has also sought that he should be reinstated with full back wages, all the consequential benefits and reliefs.

(2.) BRIEF relevant facts to comprehend the controversies are that the petitioner joined BSF as a Constable in the year 1990. In June, 1999, he was posted in F ,,Coy. of 62 Bn, BSF and deployed at FDL "Uragali". According to the petitioner, on 18th June, 1999, he was detailed as line party member to repair telephone line between ,,Z Gali and ,,Uragali which was done by the party of the petitioner and they returned at about 1730 hours.

(3.) THE petitioner alleged that when he went to take over his duty at 2100 hours, the earlier sentry Constable Yesudas informed CHM (Company Havaldar Major) Prabhu Dayal that OK report was required to be sent to Coy. HQ at about 2100 hours. This could not be done earlier as telephone lines were out of order.