BALWANT SINGH BISHT Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner was enrolled in Border Security Force as Sub Inspector (General Duty)/junior Engineer on 28. 7. 1988. Next promotion is to the post of junior Engineer (Civil) Senior Grade/inspector. The petitioner was considered for this post when the DPC convened its meeting on 2. 1. 2001. The recommendation of DP?c was, however, kept in sealed cover in so far as the petitioner is concerned. At that time, no inquiry was pending as no charge sheet was issued to the petitioner. Charge sheet came to be issued to the petitioner much subsequently, i. e. , on 30. 1. 2001. Request for opening of the sealed cover on the ground that it was wrongly applied as on the day of the petitioner?s consideration to the promotional post there was no inquiry pending was not acceded to.

(2.) IN the meantime, after the service of charge sheet, the petitioner was heard by the Commandant SHQ, BSF Ferozpur under Rule 45 of the BSF Rules, 1969 who directed that record of evidence under Rule 48 be prepared. The record of evidence was examined in terms of BSF Rule 51a and a prima facie case was against him for his technical supervisory lapse. A disciplinary action was ordered against him on 1. 8. 2002. He was tried summarily for committing three offences under Section 40 of the BSF Act, 1968 and vide orders dated 11. 10. 2002 punishment of forfeiture of service for purpose of seniority of 12 months as well as severe reprimand was awarded.

(3.) A Review DPC was conducted on 29. 10. 2002 with reference to DPC dated 2. 1. 2001. He was again declared unfit for empanelment for promotion.