RAVI CHANDRA SINGH RANA Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner was enrolled in the Border Security Forces on 20.7.1989 and after completion of training joined services on 5.5.1990. According to the Petitioner, while he was discharging his duties to the Border Security Forces at Nadia, West Bengal and Bangladesh Border on the intervening night of 30/31 December, 2003, he was charged for certain offences and thereafter his services were dispensed with an arbitrary and illegal manner. The Petitioner also alleges violation of certain rules applicable to his service conditions. Interestingly, the Petitioner has not challenged the order terminating his services nor any order which was passed subsequently in appeal or revision. The only prayer made by the Petitioner is a writ order or direction in the nature of certiorari to quash order dated 6.2.2005 passed by Respondent No. 3 (Annexure No. 5 to the writ petition). The order dated 6.2.2005 for which a certiorari is being sought, is only a letter sent by the Drawing and Disbursing Officer, 195. Battalion, Border Security Forces to the Petitioner stating that certain dues are payable to him, such as, G.P.F., etc. and therefore he should fill certain document and sign them so that final bill may be sent to the B.S.F. Headquarter, New Delhi for payment to him. Evidently, this letter dated 6.2.2005 (for which a certiorari is being sought) has been sent to the Petitioner at his permanent resident at Village Rondali, Post Odada, Tehsil Narendra Nagar, District Tehri Garhwal, Uttarakhand. From the averments made in the writ petition itself, it is clear that the Petitioner was aware that his services already stand terminated by the competent authority. Averments made in para 5 of the writ petition shows it clearly which states as under;

(2.) In its counter affidavit filed by the Union of India, it has been stated that while the Petitioner was in service of Border Security Force and posted at Indo-Bangladesh Border at Nadia, West Bengal, he was charged and awarded punishment on various occasions, a reference of which has already been made by them in their counter affidavit.

(3.) On December 30/31, 2003, the Petitioner was charged for conniving with certain smugglers and granting favours to them and thereafter manhandling a civilian and also without authority of law firing two rounds from his SLR. The precise charges against the Petitioner are as follows: