AJAY RAWAT Vs. UNION OF INDIA

JUDGEMENT

(1.) As per petitioner, after joining the Border Security Force,[Hereinafter referred as "BSF' ] on 19/7/1989 and completing his training, he was posted in different parts of the country from time to time, lastly at Border Out Post, Nandanpur, District Nadia, West Bengal,[Hereinafter referred as "BOP' ] in 2001 for discharging duties at the India-Bangladesh Border.,[Hereinafter referred as "IBB']

(2.) On 18/1/2002 at 07:15 AM, while the petitioner was manning Gate no. 1, BOP along with a Lance Naik, who was detailing the particulars of the farmers crossing the said gate for daily routine work in the Register maintained there, his senior Head Constable responsible for opening/closing the said gate, left his post and ordered the petitioner to allow farmers to pass through for carrying out their routine work. As such, the petitioner claims to have allowed farmers to cross over the border and thenceafter closing the gate, locked it.

(3.) During that time, one Sub Inspector (G) on routine patrol duty, saw some suspicious movement on Gate no.1, BOP and after crossing it, returned from some distance to enquire about activities occurring there. On being confronted, the petitioner claims to have informed the said Sub Inspector (G) about the factual situation of his filling in for the Head Constable who permitted him to allow the farmers to cross the border but the said Sub Inspector (G) in turn told him about an order of the Commanding Officer whereby the petitioner was not allowed to handle the keys of Gate no.1, BOP. Though the petitioner claims to have apprised the said Sub Inspector (G) about being unaware of the same as he had returned from his annual leave after two months only a day before, i.e., on 17/1/2002, but the said Sub Inspector (G) snatched away the keys from him and instead made false allegations about the petitioner allowing cattle, being four buffalos, one cow and one calf to pass through Gate no.1, BOP to Bangladesh. Not only that, the petitioner was ordered to be disarmed and was also placed under suspension vide order dtd. 19/1/2002.