BHAGIRATH SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) WHETHER petitioner 's dismissal from service for not taking food and water while undergoing rigorous imprisonment was disproportionate is the point for consideration in this petition.

(2.) THE petitioner joined Border Security Force as Constable on 1st March, 1990 at BSF, STC Jodhpur. He was posted as SHQ BSF, Siliguri with effect from 1st April, 1992. While posted at Siliguri, petitioner received information from his home on 2nd May, 1997 about serious illness of his wife. With permission to contact his wife, he contacted her and came to know that she was hospitalised in a serious condition. On the request of the petitioner for leave, the Company Commander on compassionate grounds sent the petitioner to battalion headquarter to enable him to proceed on leave and also handed over some dak from the company to be handed over at battalion headquarter. On reaching Battalion Headquarter, petitioner reported to MTO and handed over dak to him. However, MTO at battalion headquarter refused to grant leave and asked him to go back to his post. Instead of doing so he went to his home and voluntarily reported for duty after 31 days. He was consequently tried summarily under Section 19(a) of BSF Act, 1968 and awarded punishment of 14 days Rl in the forced custody on 5th September, 1997. He was sent to the quarter guard on 5th September, 1997 when he allegedly refused to eat. He was charged under Section 40 of the BSF Act and was tried by a Summary Security Court and was sentenced to dismissal from service from 11.11.1997.

(3.) PETITIONER 's statutory petition was rejected by order dated 17th/25th April, 2.001. He, thereafter, filed another representation to Central Government and has now filed this writ petition seeking quashing of his dismissal from service and for his reinstatement with all consequential relief and full back wages. His main case is that the punishment awarded to him was excessively harsh and grossly disproportionate to the alleged offence.