SURENDRA KUMAR Vs. UOI & ORS.

JUDGEMENT

(1.) BRIEFLY stated, the factual matrix leading to the filing of the present petition is that in the year 1980 the petitioner got enrolled as a Constable in the Border Security Force and earned promotion thereafter to the post of Lance Naik. On December 15, 1993, 4 officers namely : HC Har Vilash, SI Makhan Singh, Ct. Anand Singh and Ct. Virender Singh were deputed to perform guard duty at New Magazine room at BSF Academy, Tekanpur from 05:00 AM to 08:00 PM and thereafter the petitioner along with L/Nk. S.S. Patel, Ct. Baijnath Singh and Ct. R.P. Mishra were deputed to perform guard duty from 08:00 P.M. to 05:00 A.M.

(2.) WHEREAS HC Har Vilash, SI Makhan Singh, Ct. Anand Singh and Ct. Virender Singh performed the guard duty for the duration assigned, the petitioner did not reach the guard room for duty at the designated time i.e. 08:00 PM (he reached late) but the other three i.e. L/Nk. S.S. Patel, Ct. Baijnath Singh and Ct. R.P. Mishra reached the duty place on time and replaced the previous team.

(3.) ON January 05, 1994 the Staff Court of Inquiry submitted its opinion; the relevant portion whereof reads as under: -