NARENDER KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition has been filed by the petitioner challenging the Order dtd. 5/6/2009 vide which the petitioner was dismissed from service. He has also challenged the Order dtd. 19/7/2010, by which the Director General, Border Security Force (BSF) rejected the petitioner's statutory petition as being devoid of merit.

(2.) The facts and circumstances giving rise to the present petition are that the petitioner joined the BSF on 15/7/1987 as a Constable (General Duty). After completing his Basic Training, he was posted to the 51st Battalion (Bn) with effect from 15/3/1988. During the deployment of the 51st Bn in the SB Frontier from March, 2004 to June, 2006, a large number of Force personnel were found to be involved in sending bank drafts of amounts disproportionate to their known sources of income.

(3.) Vide Order dtd. 11/6/2007, the FHQ Pers. Directorate (Vigilance Sec) forwarded a list of 1126 bank drafts prepared by the personnel of 51st Bn BSF to Ftr HQ BSF Srinagar, directing that a Staff Court of Inquiry (SCOI) be conducted in this regard. In response, Ftr HQ BSF Srinagar ordered an SCOI, vide the Order dtd. 18/6/2007, and detailed Mr. U.M. Subramani, Commandant, 5th Bn BSF, as the Presiding Officer (PO) to find out the identity of the personnel involved and to determine whether the remitted amounts were disproportionate to their known sources of income.