SARJEET SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petitioner challenges the order dated October 31, 2012 passed by Summary Security Force Court holding the petitioner guilty of the three charges framed against him and inflicting the punishment of dismissal from service.

(2.) Though the statutory petition was rejected by the DG, BSF on April 18, 2013, the same has not been challenged in the writ petition but ignoring the technicalities and noticing that prior to filing of the writ petition the statutory petition also stood rejected, we treat this writ petition challenging the order by the Statutory Authority as well.

(3.) As per the averments made in the writ petition, the petitioner was enrolled as a Constable in BSF in 2011 and after completion of training, he was posted at Indo-Pak Border, Poonch Sector, Jammu & Kashmir. He was posted at E-Coy but as he became friendly with a local Muslim girl of a nearby village which was to the disliking of his superiors, he was transferred to G-Coy. On the night intervening October 13/14, 2012 between 0130 hrs to 0200 hrs he noticed some movement on Indian side of LOC and opened fire by firing seven rounds. On hearing the sound of firing, Guard Commander Mohd. Zayed came out of the bunker to enquire about the cause of firing and also alerted two other constables who were sleeping in the bunker to join and get alert in 'stand to position'. Sound of firing also made Platoon Commander Sukhdev Singh to reach upper sentry post with his guard party to assess the situation and scan the area. The petitioner briefed him also about noticing some movement which led him to fire. The Platoon Commander also left giving directions to all of them at upper sentry post of FDL R-1 to remain in 'stand to position'. The petitioner again fired at about 0300 hrs. on the direction of Guard Commander as Ct.Raj Kumar noticed some movement towards petitioner's guarded direction. Simultaneously on hearing some voice from upper sentry post to stop firing as Army party was approaching their post, the situation was anticipated to be tense; the petitioner also changed his magazine and remained in stand to position. At around 0310 hrs. the CO of the Army with Commandos reached there and made enquiry from the Guard Commander as well from the petitioner about the cause of firing. The CO of the Army arranged the search light from the lower post and search was carried out. Thereafter the CO of the Army asked the petitioner, Ct.Raj Kumar, Ct. Narayan and Guard Commander of BSF to rest in the bunker leaving four Army Commandos to man the posts. The petitioner was also called by the Platoon Commander at lower sentry post of FLD R-1 to enquire into the matter and the number of rounds fired by the petitioner. The petitioner was asked to show his pouch carrying magazines for verification which the petitioner had left at his post. The petitioner left for his bunker to fetch the pouch. The petitioner while returning from the bunker for the lower sentry post escaped from communication trench and got hidden on a tree near LOC. Immediately thereafter the whole area was searched by BSF alongwith Army with the help ILLU Bombs illuminating the area, HHTI and Sniffer dogs. As the day progressed more and more BSF and Army party joined to carry out intensive search but failed to locate the petitioner. The petitioner gathered the courage and returned to post FDL R-1 on 15th October at around 2045 hrs. and he was received by Ct.Hilal Ahmed and Ct.Ranjeet Singh. The petitioner was brought before the DIG and some other senior officers. He was sent to Rajouri Head Quarter and put in prison. He was assured of pardon on admitting his crime. After the medical examination, the petitioner was tried by Summary Security Force Court and on being found guilty of the charge framed, he was awarded punishment of dismissal from service.