EX CONST AMIT KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was enrolled as a Member of the Border Security Force on 1.6.2002. He was required to fill up a form at the time of his enrolment, in which there was a column no.12 which read as under:-

(2.) The petitioner had answered the above question in negative by recording "No". Respondent no.3 vide his letter dated 18.8.2002 wrote to the District Magistrate, Rewari, for verification of character and antecedents of the petitioner. This letter was responded to by the said authority vide their letter dated 27.12.2002 stating therein that a case being Case No. 109 dated 6.3.1997 was pending against the petitioner and they also gave details of the said case. On the basis of this information the respondents vide their notice to show cause dated 12.3.2002 called upon the petitioner to explain his conduct as to why he had not given the correct information in his form. The petitioner submitted his reply dated 10.4.2003 where he stated that the case arose from a family dispute in the village on 6.3.1997 and an FIR No. 109/1997 dated 6.3.97 was registered in the Police Station Jatusana, District Rewari and the proceedings were pending before the Court of competent jurisdiction. According to the petitioner he was charge-sheeted under Section 23 of the BSF Act on 23.11.2003 whereafter he was tried by a Summary Security Force Court on 17.11.2003. On the findings recorded thereof, he was dismissed from the military service. The petitioner then claims that he filed an appeal against the order of dismissal dated 17.11.2003. However, the appellate authority without applying its mind and without considering the facts stated therein dismissed the appeal vide its order dated 25.4.2004 The review filed by the petitioner was also rejected by the Reviewing Authority vide its order dated 14.8.2005 giving rise to filing of the present writ petition.

(3.) It has been specifically averred by the petitioner in his writ petition that it was primarily a family dispute and the file was misplaced in the Court and even summons were not issued for quite sometime and finally after receiving the show cause notice from the respondents the petitioner made efforts and got the said case fixed before the concerned Court, hearing of which took place on 8.12.2003 and the petitioner along with others were acquitted from the said charge. It is also averred by the petitioner that he had filed a copy of the judgment of the Court along with his appeal for proper perusal and information of the authorities but the order of rejecting the appeal has been passed in a most arbitrary manner.