EX CT RAJINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has challenged the order dated 15th May, 2000 passed by the Disciplinary Authority, dismissing the petitioner from the service w.e.f. 15th May, 2000 and the order dated 18th January, 2010 passed by the Appellate Authority dismissing the appeal of the petitioner. The petitioner has also sought directions to the respondents to reinstate him with full back wages.

(2.) Brief relevant facts are that the petitioner was recruited in the Border Security Force (BSF) in the year 1996 as a Constable (GD). After completion of his training, he was posted at 22 BN BSF, Srinagar (Jammu & Kashmir). On 15th March, 2000 a complaint was made by HC Datta Ram that the petitioner had abused him with filthy language under the influence of intoxication on the same day. In his complaint dated 15th March, 2000, HC Datta Ram had also stipulated that the petitioner was on duty of General Branch after which he along with Constable Vijay Kumar had come to the Headquarter to take food and after bringing their food they had reached the guarding of DIG at 18.45 PM and told his Guard Commander that he had some necessary work. Thereafter, the Guard Commandant had found the petitioner to be drunk at 0700 hours and abusing the Commander by name, and saying that he will become a militant and will shoot everyone. He had also cocked his Rifle and damaged his weapon and ammunition. Around 2110 hours the petitioner was taken by the Constable Vijay Kumar, Const R.P. Singh, Constable Naresh Kumar, and Constable Sube Singh in unconscious state and had reported the incident to the GD line officer SI Surender Jha and had thereafter left him at BN Hospital.

(3.) On account of the misbehaviour on the part of the petitioner three charges were framed against him and he was tried by the Summary Security Force Court (SSFC) on 15th May, 2000 under the BSF Act, i.e. under Section 20 (a) for assaulting his superior Officer, under Section 26 for intoxication and under Section 33(a) for willfully damaging the property of the Government. Charges which were framed against the petitioner categorically stated that while deployed on guard duty on 15th May, 2000 at about 2030 hours at the office of Additional DIG (G), Ftr HQ BSF, Srinagar he pointed his Rifle towards the HC Datta Ram of the same unit and said Main Tuje Goli Mar Doonga? (I will shoot you); that he was found in the state of intoxication on the same day and time and that he had willfully damaged three magazines of 7.62 mm SLR and four rounds of 7.62 mm ammunition by hitting the same against the wall and thus, damaged the property of the Govt.