LAWS(DLH)-2012-8-103

EX CONSTABLE NARENDER BAHADUR SINGH Vs. UOI

Decided On August 14, 2012
EX CONSTABLE NARENDER BAHADUR SINGH Appellant
V/S
UOI Respondents

JUDGEMENT

(1.) THE petitioner who in the year 1985 joined BSF as a Constable has filed the present writ petition seeking prayer for quashing the order of dismissal dated 7th October, 1996 passed by a Summary Security Force Court by the Comdt. 25 Bn BSF on a charge under Section 41(e) of Border Security Force Act, 1968 for accepting Rs.20,000/- from one Nanak Chand for procuring enrollment of two persons namely Satbir Singh and Shiv Kumar in BSF.

(2.) THE case of the petitioner is that the provisions of BSF Rule 45 were never complied with by the Commandant and no hearing of the charge was conducted as per the said provision. The charge was wrongly framed under Section 41(e) of the BSF Act, 1968 because even if it is assumed that the petitioner had accepted the bribe, the charge could at best have been framed under Section 420 IPC read with Section 46 of the BSF Act, 1968.

(3.) IN the counter-affidavit, it is submitted by the respondents that while working as Security Aide to the Deputy Director (Air) a complaint was received by Vigilance Branch against the petitioner who struck a deal with Shri Nanak Chand to get his candidates enrolled in BSF and had asked for Rs.45,000/- in return. Nanak Chand paid Rs.20,000/- to the petitioner and the balance Rs.25000/- was to be paid on final enrollment. The petitioner was put up on an offence report on 19th February, 1996 before he commandant. He pleaded not guilty to the charge. He was placed under open arrest under Unit Order No.Estt/D-530/ROE NES/25/96/3208-09 dated 19th February, 1996 and directed to engage defense counsel for his SSFC trial and to produce list of his defense witnesses. The SSFC court found the petitioner guilty and sentenced him to be dismissed from service.