HARJINDER SINGH Vs. UOI AND ORS.

JUDGEMENT

(1.) THE petitioner was enrolled as Constable in BSF in the year 1988. In the year 2011 while the petitioner was posted at 52nd Bn. BSF at Indo Bangladesh Border, the DIG BSF sent a communication dated March 07, 2011 to IG, BSF, South Bengal Frontier, Kolkata about deposit of Rs. 1,00,000/ - in SBI Account No. 10143691647 in the name of the wife of the petitioner which was ill gotten money for facilitating smuggling of cattle across the border.

(2.) FOR purpose of disciplinary proceedings the petitioner was attached to 91 Bn. BSF vide letter No. Pers./238/SHQ/BSF/2011/498 dated April 12, 2011.

(3.) ASSISTANT Commandant Raj Kumar commenced recording of evidence. At the stage of ROE the petitioner preferred not to cross examine any of the witnesses examined by the department. The petitioner declined to make any statement in his defence. However, at his request Sh.Sukhwinder Singh DW -1 and Sh.Sanjay Tiwari DW -2 were examined as defence witnesses. Sh.Sukhwinder Singh DW -1 stated that the petitioner was husband of his real sister. He was working as Truck Driver with Sh.Sanjay Tiwari on monthly salary of Rs. 2,000/ - from the year 2009. He borrowed Rs. 80,000/ - from his employer namely Sh.Sanjay Tiwari DW -2 and Rs. 20,000/ - was with him. He handed over Rs. 1 lac to a Munshi, whose name he did not recollect, of a Brick Kiln, which was 3 -4 kilometers away from Lal Gola to the side of Islampur, for depositing the same in SBI Account No. 10143691647 which was of his real sister namely Nirmal Kaur who was married to the petitioner. The said amount was received by his (DW -1's) wife Amarjeet Kaur through his cousin Balwinder Singh. Sh.Sanjay Tiwari DW -2 stated that DW -1 Shukhwinder Singh was working as Driver with him since 2009. In the month of January, 2011 Sukhwinder Singh requested for a loan to construct his house. He paid Rs. 1 lac to Sukhwinder Singh out of which Rs. 50,000/ - was due to him and Rs. 50,000/ - was given as loan by him to Sukhwinder Singh.