RAKESH KUMAR Vs. UOI & ORS.

JUDGEMENT

(1.) The petitioner was enrolled as a Constable with the Border Security Force on April 19, 1989. His service is governed by the BSF Act, 1968 read with BSF Rules, 1969.

(2.) Attached to the 86th Bn. BSF, in March, 2000 the petitioner was deployed with the B Coy at the BoP Uppan Chowki. The company commander received information on March 07, 2000 that around 22:45 hours, the petitioner had trespassed into the house of one Sh.Vishamber Roy in village Kuchli Bari in a drunken condition and created nuisance. He was overpowered by the villagers. He was beaten. He was handed over by the inhabitants of the locality to the police authorities at PS Kuchli Bari. Information from deployment register was obtained which showed that the petitioner was not on duty at that time and that the place he had visited was declared out of bounds for the force personnel.

(3.) As per the requirement of Rule 43 read with Rule 44 of the BSF Rules, 1969 an offence report was drawn up listing two charges against the petitioner as under: -