RAM VIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner has, in this writ petition, prayed for quashing of the order, annexure P-7 dated 30.3.1993, of his removal from service.

(2.) The facts in brief are that the petitioner joined Border Security Force (for short B.S.F.) as a Constable in 1989 and was promoted as Naik, Radio Operator, in the Communication set up of B.S.F. In the month of March, 1993, the petitioner was deployed in 7th Bn. B.S.F. Ajnata, Amritsar, on 3.3.1993 Officiating Commandant A.S. Gill of the Battalion detailed Bhupinder Singh, Assistant Commandant of the Unit, to prepare Record of Evidence in the case of the petitioner, who was stated to have been charged for an offence under section 20(a) of the Border Security Force Act, 1968 (for short the 'Act'), which was required to be done, in accordance with Rule 48 of the Border Security Force Rules, 1969 (for short the 'Rules'). Assistant Commandant was also enjoined upon to comply with the requirements of sub rule (8) of Rule 48, after recording the statements. Record of Evidence, duly completed, was required to be submitted on 6.3.1993.

(3.) It is the petitioner's case that he was not supplied with any charge sheet. He was also not heard by the Commandant, before the order dated 3.3.1993 was passed, detailing the Assistant Commandant for preparation of the Record of Evidence and, thus, the act of ordering the preparation of the record is in violation of the statutory procedure. It is alleged that petitioner had refused to carry out some private job of the Commandant, which infuriated him and with a view to teach the petitioner a lesson, a false charge of "using criminal force to a superior" under Section 20(a) of the Act, which entails 14 years rigorous imprisonment was framed.