EX CONST RAM NIWAS Vs. UOI

JUDGEMENT

(1.) The petitioner has challenged the finding of guilt pertaining to committing acts prejudicial to good order and discipline of the Force i.e. an offence punishable under Section 40 of the BSF Act, returned by the Summary Security Force Court and award of sentence of dismissal from service.

(2.) In a nutshell, the case set up by the prosecution against the petitioner was that on 17.09.1997 the petitioner was employed as a Constable with Border Security Force and was attached with the 84 th Bn. deployed at BOP Maldakhand. On 17.09.1997 along with Naik B.R.Murmu and Const.G.Palani Chamy, the petitioner was detailed to perform Naka duty at Naka No.3. During the course of his duty, the petitioner along with Const.G.Palani Chamy left Naka No.3 and went to village Dhol where he consumed country made liquor. While the petitioner and Const.G.Palani Chamy were returning to Naka No.3 from village Dhol the petitioner fought with Const.G.Palani and fired a shot in the air from the self-loaded rifle issued to him.

(3.) The charges which were framed against the petitioner read as under:-