KAMSHWAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a petition under Articles 14, 16, 226 and 227 of the Constitution of India and in the matter of the Border Security Force Act, 1968 and the Border Security Force Rules, 1969 (hereinafter referred to as "the BSF Act" and "the BSF Rules"), challenging the impugned order of dismissal dated 26.5.1999 passed by respondent No.5, order dated 16.8.1999 passed by respondent No.4 and order dated 08.3.2000 passed by respondent No.1 rejecting the application dated 02.11.1999 vide which services of the petitioner have been terminated.

(2.) BRIEF facts of this case are that petitioner Kameshwar Singh was selected in the respondent's department on 03.12.1966 as a Constable Guard Duty. Thereafter he was promoted from time to time and was finally serving as Head Constable in the department of respondent No.5. Wife of the petitioner residing at his native place fell ill in the year 1997. While being taken to hospital for treatment, she died on the way while in the company of her son. As a result of this incident, the petitioner was mentally disturbed and, therefore, Medical Officer of 42 nd Battalion recommended him for light duty. On 20.10.1997, his superior officer, namely Shri B.Surendran, the Company Commander, ordered him to provide one person for domestic help, but all the Jawans refused to do this job. It is allegation of the petitioner that Shri B.Surendran abused the petitioner in front of all the personnel present there about which he made a written complaint to respondents No.4, and 5. It is pleaded that the petitioner was victimized and was immediately sent to Bop Munga Post at the border of Pakistan. This posting was against the medical advise, as stated earlier by the petitioner. It is case of the petitioner that he along with 9 10 other constables was performing duty on Bop Monga and daily, food was being sent from the Company Headquarter by a tractor or on camel's back. The distance between the Company Headquarter and the Post of the petitioner was about 7 8 kms. On the relevant date,i.e. 21.10.1997, lunch required by the petitioner and other jawans stationed at that Post could not reach in time. Ultimately when lunch was received at about 05.00 p.m., the jawans refused to take the same as the same was giving bad smell. It is further case of the petitioner that dinner came to be supplied by the Company Commander in his vehicle at around 09.00 p.m., but all the jawans deployed at the patrolling and naka duty refused to have the same. Ultimately, the matter was brought to the notice of the higher officials and breakfast on 23.10.1997 supplied to the jawans was taken by them.

(3.) AFTER notice, the respondent authorities have put in appearance and contested the petition by filing reply. It is submitted that after taking into consideration the evidence on record, charges under section 21 (2) of the BSF Act, i.e. disobeying lawful command given by superior officer, were framed against the petitioner. Though the said action was punishable with imprisonment upto 14 years, but as the Summary Security Force Court took a lenient view, the petitioner was ordered to be dismissed from service, as provided under section 48 of the BSF Act which was found just and proper in the circumstances of the case. It is pleaded that the charge of not collecting food for the personnel of the Post despite the order of his superior officer was a serious offence in such a disciplined armed force and it cannot be said that dismissal order was in any way a disproportionate punishment or harsh.