PANKAJ NEGI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has challenged the Summary Security Force Court trial conducted against him and his consequent dismissal from service by order dated 28th April, 1999 and he has also sought the quashing of the same on the ground of being unconstitutional and violative of Articles 14 & 16 of the Constitution. The petitioner has further sought the quashing the order in appeal passed by the respondents, dismissing his appeal. He has in addition sought his reinstatement with full back wages and all consequential reliefs.

(2.) BRIEF relevant facts to comprehend the dispute are that the petitioner was enrolled with the Border Security Force at BSF STC Bangalore and after his enrollment he completed his basic training. Thereafter, he was posted to the unit on 18th February, 1994. The petitioner was thereafter, posted in 'A' Coy which was deployed at Border Out Post (BOP) Govindpur.

(3.) ACCORDING to the respondents, Inspector Murari Singh had rather observed that few heads of cattle were going from the side of the village Govindpur and heading towards the international border and were about to reach Bangladesh through gate No.16. On seeing through his binoculars, he saw that six heads of cattle with six persons were rushing towards gate No.16. On realizing the seriousness of the situation, he rushed on a motorcycle to gate No.16 and noticed that 10 cattle with 10 persons were to cross the international border (IB). Inspector Murari Singh had asked the petitioner and Ex.Lnk Durug Singh as to how 10 cattle had crossed through Gate No.16 and were about to cross the international border with men. However, neither the petitioner nor the other person could give any satisfactory reply. Inspector Murari Singh then had ordered the petitioner to catch the six persons running away with their cattle, however, all the six persons took their cattle to village Govindpur and thereby could not be caught. Inspector Murari Singh thus observed that the petitioner deliberately showed no interest in catching the escaping cattle with smugglers and on checking the gate register, it was also realized that no entry was made in the register of the cattle crossing the IB through gate No.16 which is a mandatory requirement as per SOP.