EX CT RAJ KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal is directed against the impugned order dated 18th January 2002 passed by the learned Single Judge dismissing the Appellant"s Civil Writ petition No. 410 of 2002.

(2.) THE Appellant was enrolled with the Border Security Force ("bsf") as a constable on 8th January 1989. In July 2000 he was posted on the Indo-Bangladesh Border. On 29th July 2000 he was on duty at No. 2 BOP Kanchantar along with Constable Narendra Prasad from 7 am in the morning. There are two versions of what happened on that day. According to the Adjutant Mange Ram he along with Constable/driver Bharat Singh were coming from BOP Alipur towards BOP kanchantar. At about 8. 15 am when he reached OP No. 1 of BOP Alipur he noticed 25 to 30 cattle heads going from the Indian side to the Bangladesh by the side of OP No. 2 of Kanchantar BOP along the bandh. According to the Adjutant when he reached OP No. 2 of BOP Kanchantar he observed that the Appellant Constable Raj kumar was on the OP Tower and the Constable Narendra Kumar was sitting in the OP hut. On questioning them as to how cattle were found going from India to bangladesh in their presence, they failed to give any reply. He then summoned the BOP Commandant Kanchantar SI C. K. Muddappa to the site showing him the fresh hoof marks of cattle heads going towards Bangladesh side and fresh cow dung. He directed the SI to change the personnel at the OPs.

(3.) THE Appellant"s version is different. According to him at about 8 am 20 to 25 cattle heads came from the Bangladesh side and started crossing near the indian border. He then told Constable Narendra Prasad that the Bangladeshi cattle should be pushed back. Some cattle from the Indian side were also crossing from the area which was a routine occurrence. The Appellant admits that the Adjutant Mange Ram came from the BOP Alipur side on a motor cycle and enquired about the cattle and that Constable Narendra Prasad replied that cattle were from the Bangladesh and crossing near the Indian border and were just being pushed back. The Adjutant Mange Ram then showed them the foot marks, the cow dung and dirty water and the Appellant and Narendra Prasad replied that these were of the Indian cattle which were crossing there. However, upon questioning by SI C. K. Muddappa they replied that they had not caused any cattle to cross from India to Bangladesh.