RAJESH KUMAR P. V. Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed the present petition under Article 226 of the Constitution of India to issue Writ of Certiorari to set aside the Chargesheet dtd. 19/8/2017, Order of Sentence of 'Severe Reprimand' dtd. 21/8/2017, and also issue Writ of Mandamus to direct the respondent No. 1 to notionally promote him to the Rank of AC/Elect. against the vacancy year 2016-17 or 2017-18 or 2018-19 along with all consequential benefits and seniority.

(2.) The facts in brief as narrated in the present petition are that the petitioner is presently working as Inspector/Junior Engineer (Electrical) with the Border Security Force (hereinafter referred to as 'BSF') and is currently posted at STS-BSF, Tigri, New Delhi. While working as Junior Engineer, a Summary Trial was initiated against him by DIG, Barmar and he was served with Chargesheet dtd. 14/10/2016 and was charged with two charges under Border Security Force Act 1968 (hereinafter referred to as the 'Act, 1968'), namely: Sec. 35(a) for knowingly making a false statement in a document signed by him; and Sec. 40 for committing an omission prejudicial to good order and discipline of the force.

(3.) The DIG BSF, Barmar/respondent No. 2 directed preparation of the Record of Evidence (ROE) which was completed on 10/12/2016 after which the petitioner was absolved from all the charges on 31/12/2016 by DIG BSF, Barmar on the ground that no evidence was found to substantiate the charges levelled against him. Consequently, vide Letter dtd. 2/1/2017 STS, BSF, New Delhi, the service record of the petitioner was returned to Departmental Promotion Committee (hereinafter referred to as 'DPC') for consideration for promotion to the Rank of Assistant Commandant (Elec.) for the vacancy year 2016-2017.