EX. CONST. RAM KUMAR Vs. UOI

JUDGEMENT

(1.) The factual backdrop leading to filing of the above captioned is that on April 25, 1988 the petitioner was enrolled as a Constable in Border Security Force.

(2.) Pertaining to an incident dated August 18, 2002 as per which the petitioner was found absent from unit parade ground at the time of fall-in parade and was subsequently found outside the precincts of the camp in a state of intoxication, the Commandant of the 78th Bn. BSF to which the petitioner was attached took cognizance of the offence report and reduced the allegation(s) to writing in the form set out in Appendix VI of the BSF Rules, 1969 i.e. drew out a charge sheet against the petitioner.

(3.) On August 23, 2002 the Commandant 78th Bn. directed S.M.Kispotta, Deputy Commandant 78th Bn. to prepare the Record of Evidence. Pursuant thereto, Record of Evidence was prepared by S.M.Kispotta and eight witnesses were examined by the prosecution in the presence of petitioner who was given an opportunity to cross-examine the witnesses, which opportunity he declined to avail and thus no witness was cross-examined.