JESUDOSS MAHENDER Vs. UOI

JUDGEMENT

(1.) A charge memo was issued to the petitioner, alleging as under:-

(2.) THE Court of Inquiry ordered by DIG BSF, Signal training School returned a finding of guilt. Based thereon, after following the process of law the petitioner was inflicted with a penalty of dismissal from service. The petitioner was also sentenced to undergo three year rigorous imprisonment. It may be noted here that the inquiry was actually a trial before the General Security Force Court. The order of dismissal is dated 14. 10. 2005. The petitioner has undergone the sentence. Confirmation petition has been dismissed.

(3.) TWO points have been urged at the hearing of the appeal. Both points are of a technical nature. It is firstly urged that there were three civilian employees concerned with the clearance of the bills and their names are Shri A. K. Tiwari, Shri shiv Dutt and Shri Shyam Lal Singh; submission made is that the convening authority ought to have referred the trial of the petitioner to the Civilian Court i. e. the Magistrate competent to take cognizance under the Code of Criminal Procedure. Second submission made is that the said three persons were cited as witnesses of the prosecution; meaning thereby, the petitioner has been convicted on the tainted testimony of persons who are co-accused.