O P BISHONI Vs. UNION OF INDIA

JUDGEMENT

(1.) . The petitioner questions his dismissal order in pursuance of Court Martial proceedings.

(2.) The petitioner joined the Border Security Force as direct entry Sub-Inspector in December 1987. Hecompleted his basic training and thereafter he was posted on Bengal border for undertaking practical training. This was in December, 1988. According to the petitioner in February, 1989 he was sent to border outpost for doing practical training under the guidance of the Naik Sheo Prasad. Within 2 days of his reaching this post petitioner apprehended a Bangladesh national by name - Nurul Islam who was attempting to crossover to India. The said Bangladesh national was brought to the post in the presence of other Border Security Force Personnel and local villagers and he was physically searched, According to the petitioner nothing was found. However, the said foreigner was pushed back by the petitioner at the instance of Naik Sheo Prasad (P.W. 6). The allegation against the petitioner is that he extorted a sum of 4,000 in Bangladesh currency and distributed the same amongst the colleagues and subsequently collected the amount back.

(3.) The Commandant of the Battalion conducted the investigation and later the matter was referred to the higher authorities for convening Court Martial. Several witnesses were examined by the prosecution as well as by the defence. Ultimately as usual without any speaking order the Court Martial concluded the proceedings by dismissing the petitioner. The petitioner approached the higher authorities without any success. Hence the writ petition.