BIRENDER SINGH SHEKHER Vs. UOI

JUDGEMENT

(1.) The petitioner challenges an order dated 7.2.2000 made by the Central Government in exercise of its power under Rule 21 (2) of the BSF Rules, 1969. The petitioner was compulsorily retired from service by the said impugned order.

(2.) The brief facts necessary for deciding the case are that the petitioner joined the Border Security Force (BSF) on 2.1.1995 as a probationer Assistant Commandant and was posted to Murshidabad, West Bengal. On 24.5.1997, the Commandant of his Battalion ordered preparation of record of evidence (ROE) against the petitioner in respect of an allegation that he was involved in smuggling. The ROE was completed and submitted to the Commandant on 4.11.1997. In the meanwhile, on 16.9.1997, the writ petitioner was placed under suspension asking him not to leave the Headquarters without obtaining the permission of the competent authority.

(3.) The 2 nd and 3 rd charges leveled against the petitioner are as below: -