LAWS(DLH)-2014-1-102

MAYA RAM SHARMA Vs. UNION OF INDIA

Decided On January 20, 2014
MAYA RAM SHARMA Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The present writ petition challenges the order dated July 31, 1994 passed by the Summary Security Force Court (SSFC) holding petitioner guilty of the two charges framed against him and as a result ordering petitioner to be dismissed from service. The statutory petition filed by the petitioner against the said dismissal was rejected by the Competent Authority vide order dated December 07, 1999.

(2.) The petitioner was serving as an ASI/Pharmacist in BSF and was attached to the 19th Battalion.

(3.) A perusal of the original record would indicate that as required by Rule 45 of the BSF Rules, 1969, an offence report was placed before the Commandant of the battalion, in respect whereof he framed three charges, being (i) petitioner assaulting his superior SI Gajender Singh, (ii) petitioner using abusive language against his superior officer 2-I/C Sh.P.K.Purkayastham, and (iii) found in a state of intoxication. Hearing the petitioner as to what he had to say and forming an opinion that a record of evidence required to be prepared, the Commandant directed record of evidence to be prepared and for which Sh.K.K.Sharma 2-I/C was deputed to do the needful. Sh.K.K.Sharma 2-I/C held proceedings on July 25 and 26 of the year 1994 pertaining to the recording of evidence during which he examined five witnesses.