DINESH KUMAR Vs. UOI

JUDGEMENT

(1.) THE petitioner was enrolled as a follower (Washer man) in BSF on June 13, 1986. In the month of December, 2000 he was detailed to the 93rd Battalion of BSF which was deployed on Forwarded Defended Locality Khera-II (Here-in-after referred to as the 'FDL-II'), Kashmir.

(2.) IN the intervening night of the 10th and 11th December, 2000, the petitioner, Ct.Dharampal Singh (hereinafter referred to as the 'Deceased') and Ct.S.Murmu were detailed to perform sentry duty at FDL-II from 12.00 midnight to 03.00 hrs. As per the detailment, the petitioner was to perform duty at the upper morcha, Ct.S.Murmu was to station himself at the telephone point and the deceased was to station himself at a water tank. At around 01:10 hrs. the deceased was found shot dead with wounds on his head.

(3.) AS per Rule 45 of the BSF Rules, 1969 the Commandant was required to conduct proceedings pertaining to hearing of the charge. The record would evidence that the Commandant did so on January 19, 2001 and after hearing the witnesses and the petitioner directed a Record of Evidence to be drawn up.