ABID ALI KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, who was enrolled as a Constable in the Border Security Force(for short the B.S.F.) on 23 July 1984, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ, order or direction in the nature of certiorari quashing the order passed by respondent No.4, the Commandant 51 BN, B.S.F., Bhikhiwind, Distt. Amritsar on 17 June 1991, ordering the petitioner to undergo rigorous imprisonment for a period of six months and dismissing him from service with immediate effect, with a further direction that the petitioner will not be entitled to draw pay and allowances, except ration money, for the period he was kept in force custody prior to the date of order of sentence. A further writ, order or direction in the nature of mandamus is sought directing the respondents to re-instate the petitioner in service. There were four charges against the petitioner, for which he was tried by a Petty Security Force Court, found guilty and sentenced. Three charges were under Section 40 of the Border Security Force Act (for short the Act) : " An act prejudicial to good order and discipline of the force" and the 4th charge under Section 46 of the Act "for having committed a civil offence being a public servant accepting from a person for himself gratification other than legal remuneration as a reward for showing favour in the exercise of his official functions punishable under Act 1988".

(2.) In all there are four respondents, including the said 4th respondent. The Union of India through Secretary, Ministry of Home Affairs, is the first respondent, Director General, B.S.F. and Deputy Inspector General, B.S.F. are the 2nd and 3rd respondents respectively.

(3.) The facts leading to the charges and imposition of the sentence, in brief, are that in May 1990 the petitioner was deployed at Border outpost, Daoke, Distt. Amritsar and was detailed on Nakabandi duties on 7, 12, 24 and 31 May 1990. In June 1990 he was summoned back from leave and on reaching the Unit, his statement was recorded wherein he confessed that he had taken Rs. 10,000.00 from one Salwinder Singh in consideration of allowing him to cross the border for purposes of smuggling. In August 1990, the petitioner was put to trial by convening Petty Security Force Court for the following charges: First Charge: An Act Prejudicial to Good Order and Discipline of the Force In That He, at BOP Daoke, on 12 May, 1990, between 2200- 2330 hrs. improperly and without authority, permitted Shri Salwinder Singh alias Sindhu of village Daoke, P.S. Gharinda, Distt. Amritsar, to cross over the International Border. Second Charge; An Act Prejudicial to Good Order and Discipline of the Force - In That He, at BOP Daoke, on 24/25 May, 1990, at about 2130 hrs. improperly and without authority permitted Shri Salwinder Singh, alias Sindhu of Village Daoke, P.S. Gharinda, Distt. Amritsar, to cross-over the International Border. Third Charge ; An Act Prejudicial to Good Order Discipline of the Force In That He, at BOP Daoke, on 31 May, 1990, at about 2130 hrs. improperly and without authority permitted Shri Salwinder Singh alias Sindhu of village Daoke, P.S. Gharinda, Distt. Amritsar, to cross-over the International Border. Fourth Charge; Committing a Civil Offence that is to say being a Public Servant accepting From a person for himself Gratification other than legal remuneration as a Reward for Showing Favour in the Exercise of his official Functions Punishable under section 7 of the Prevention of Corruption Act, 1988 In That He, at BOP Daoke, on 7 May 1990, at about 2100 hrs. accepted a sum of Rs.10,000.00 (Rupees ten thousand only) from Shri Salwinder Singh alias Sindhu of village Daoke, P.S. Gharinda, Distt. Amritsar, for permitting the said Shri Salwinder Singh to cross-over the International Border."