MAHENDER SINGH Vs. UOI

JUDGEMENT

(1.) The petitioner was enrolled as a Constable in the Border Security Force against a vacancy reserved for Scheduled Caste candidates. On 25th October, 2003, he was posted at OP No. 2 on the Madera Duty Post under the over all charge of Sub Inspector Chatter Singh. According to the petitioner, a quarrel took place between him and Constable Manoj Kumar in connection with the distribution of sweets among the BSF personnel on the happy occasion of Diwali festival. This incident was, according to the petitioner, distorted by the officers only with a view to falsely implicating and punishing the petitioner. He was charged pursuant to that conspiracy on five counts. The first charge related to his being found intoxicated while on duty. The second charge related to his assaulting two superiors, namely, Sub Inspector Chattar Singh and Head Constable Bala Ram. The third charge accused him of having used threatening language against the superior officers. The fourth charge alleged use of insubordinate/improper language by him against the superior officers while the fifth charge accused him of an act prejudicial to good order and discipline of the force. Evidence was recorded in support of the said charges culminating in the petitioner being brought to trial to face only four charges in which the last of the charges mentioned above, namely, committing an act prejudicial to good order and discipline of the Force was deleted. According to the respondents, the petitioner pleaded guilty to the first three charges thereby necessitating a trial only on the fourth charge, namely, using threatening language to his superior officers. Evidence was in support of that charge recorded before a Summary Security Force Court in which apart from others, Sub Inspector Chattar Singh, Constable Anuj Kumar, Shri Ramesh Fonia, the Assistant Commandant and Head Constable Bala Ram appeared as witnesses. The statements of Constable Suresh Chand Agnihotry and Constable P. Subaramaniam were also recorded at the trial. Appreciation of the evidence so assembled against the petitioner led the Summary Security Force Court to hold the petitioner guilty on all the four counts. He was on that basis sentenced to dismissal from service.

(2.) The Deputy Inspector General of BSF in exercise of his powers of review under Rule 116 of the BSF Rules upheld the conviction of the petitioner only on first, second and third charge setting aside in the process his conviction on the fourth charge framed against him. Even so the DIG did not interfere with the sentence awarded by the Summary Security Force Court and dismissed the petition.

(3.) Aggrieved by his conviction and sentence, the petitioner filed a statutory petition in terms of Section 117 of the BSF Act, 1968 before the Director General, BSF on 30th June, 2004. On receipt of the said petition, the petitioner was asked to obtain a copy of the trial proceedings from the Chief Law Officer, FHQ, BSF, New Delhi and to submit a fresh petition within a period of 30 days of the receipt of the communication by the petitioner. The receipt of trial proceedings from the Chief Law Officer appears to have taken some time with the result that a second petition was submitted by the petitioner but only on 11th February, 2006. In the meantime, the petition earlier submitted by the petitioner on 30th June, 2004 was dismissed by the Director General in terms of an order dated 16/17 December, 2004 inter alia on the ground that the Director General, BSF did not find any reason to interfere with what the Summary Security Force Court had done. The second petition filed by the petitioner was also rejected by the respondents by an order dated 1st March, 2006 on the ground that the same was not maintainable under law apart from the fact that it was barred by limitation. The present writ petition calls in question the correctness of the aforementioned two orders and seeks consequential directions including a mandamus for the petitioner's reinstatement in service retrospectively w.e.f. 7th June, 2006 and release of benefits attached to the same.