SATYAWAN SINGH Vs. UOI

JUDGEMENT

(1.) The petitioner has sought quashing of the order dated February 21, 2004 passed by the Commandant BSF whereby he was ordered to be dismissed from service and subsequent orders dated May 14, 2004 passed by IG, BSF and dated 3rd/4th January, 2005 passed by the Director General, BSF respectively rejecting the appeal and the revision petition filed by the petitioner and thereby upholding the order of dismissal.

(2.) The facts are not in dispute. The petitioner joined BSF as Water Carrier in August 1990. He was appointed as a Constable (GD) in the year 1995. The petitioner proceeded on reward leave of 10 days from December 17, 2003 to December 26, 2003 and earned leave for 15 days from December 27, 2003 to January 10, 2004. He was required to report for duty on January 11, 2004, but he overstayed leave by 30 days and reported for duty on February 02, 2004. Along with an offence report dated February 10, 2004 he was produced before the Commandant for having committed an offence under Section 19(b) of BSF Act, 1968 for overstaying leave. The petitioner claims to have pleaded 'Not Guilty' to the charge, claiming that due to his wife being unwell and problems faced by his handicapped son he was forced to extend the leave. Declared guilty in a summary manner the petitioner was awarded 14 days' imprisonment in force custody and was immediately sent to the Quarter Guard in custody.

(3.) While undergoing the sentence in the Unit Quarter Guard, on February15, 2004 the petitioner did not take lunch as also dinner. The next day on February 16, 2004 he did not take breakfast. The matter was brought to the notice of the superior officers. An offence report contemplated by Rule 43 of the BSF Rules, 1969 was laid before the Commandant against the petitioner for having committed an offence punishable under Section 21(2) of the BSF Act for having disobeyed lawful command given by the superior officer i.e. not taking food repeatedly when being directed to do so. Petitioner pleaded not guilty and the Commandant decided that Record of Evidence be prepared. Sh.P.L.Maurya, Dy. Commandant, 70 Bn BSF was directed to prepare ROE. The gist of the statement of seven witnesses recorded during ROE is to the following effect:-