NAIK SUBHASH CHANDER Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner was enrolled with the BSF as a Constable (Radio Operator) on 12. 8. 1991. On account of alleged misconduct of the petitioner, disciplinary proceedings were initiated against the petitioner whereby the charge was made out under Section 20 of the Border Security Force Act, 1968 (hereinafter referred to as the said Act ). Section 20 of the said Act deals with striking or threatening superior officers. The offence charged was stated as under:

(2.) THE petitioner was charged by the Summary Security Force (SSF) on 23. 10. 1997 for committing an offence under Section 20 (a) of the said Act.

(3.) THE substance of the charge is that the petitioner went to his Inspector requesting him for his signatures on a request letter the subject of which was not known. He was asked to wait but started speaking loudly for the application to be forwarded and moved towards his superior while raising a hand to hit him and the superior on such conduct got up and saved himself and with the assistance of the persons present removed the petitioner from his office. The petitioner is stated to have run away towards the lines thereafter.