MOHAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Cm No. 32065/19

(2.) The petitioner has filed the present writ petition with the prayer to issue Writ in the nature of Certiorari or any other appropriate Writ, quashing the Order dated 21.02.2018 passed by the Director General Border Security Force.

(3.) The relevant facts of the case are that No. 970077512 Ex-Ct (now Ex-HC) Mohar Singh of 200 Bn BSF, the petitioner alongwith Const. Sunil Kumar M V of his unit was tried jointly by a SSFC for an offence U/s 40 of the BSF Act, 1968. The charge against the petitioner is that he, at BOP Putikhali of "D" Coy on 18.08.06, in between 1500 hrs to 1630 hrs, while on OP duty at gate No. 01 of BOP Putikhali, improperly omitted to exercise proper duty and to prevent smuggling thereby providing safe passage to smugglers as a result of which approx. 20 Qtls. of sugar crossed over from India to Bangladesh side and approx. 10.5 Qtls of sugar was seized due to timely intervention of SI Sudhanshu Kumar and party. This omission on the part of the petitioner was found to be contradictory to good order and discipline of the Force. On being arraigned by the Court, the petitioner pleaded "guilty" to the charge.