S. S. RANA Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge in the present petition is to the charge-sheets dated 31st January, 1994 and 14th January, 1995, and the consequent General Security Force Court ("GSFC") proceedings ending in the findings and sentence of dismissal from service awarded on 31st May, 1995 and the subsequent order dated 24th April, 1996 of the Central Government rejecting the representation of the Petitioner, but commuting the said sentence of dismissal from service to that of compulsory retirement.

(2.) The background facts are that the Petitioner was, in the year 1990, working as a Quarter Master of the 123rd Battalion of the Border Security Force ("BSF") having been entrusted that duty by the Commandant of the said Battalion. The duties of the Petitioner included supervising the subordinate officials dealing in the procurement, distribution and accounting of rations. The Petitioner states that he was assisted in his duties by Mr. David Topno, a Head Constable ("HC") appointed as Ration Under Officer ("RUO") by the Commandant. HC Topno's duties were to procure, store, distribute, and account for the ration, and maintain documents relating to the purchase of ration. HC Topno was working under the direct supervision of Subedar Buta Singh.

(3.) The Petitioner states that on 24th September, 1990, 30 quintals of levy sugar was allotted by the Deputy Inspector General ("DIG"), Tripura (South) to the 123rd Battalion, BSF with a direction to obtain permit for the same from the Directorate, Food and Civil Supplies, Agartala, Tripura. The Petitioner states that in the third week of October, 1990, Subedar Buta Singh, who was the Subedar Quarter Master, informed the Petitioner that the sugar stock was low and that the requirement for the following month could not be met. The Petitioner then advised them to initiate the process for allotment of a further 30 quintals of sugar and place the file before the Commandant for approval.