RAJ KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri Arvind Srivastava for petitioner and Sri Deepak Verma, Additional Standing Counsel for Union of India, respondents 1 to 4.

(2.) Petitioner was enrolled as Constable in Border Security Force on 5.3.2002. He completed his training in the month of December, 2002 and was posted as Constable in 14th Battalion in Punjab. On 28.6.2002, petitioner was called by Additional Deputy Director General of Police/Commandant STC, Training Centre, North Bengal, Baikunthour, New Jalpai Guri. The Commandant made enquiries from petitioner, whether any criminal case is pending against him or he has been sent to Jail. The petitioner replied to both the questions in negative. The petitioner was also asked whether he had made any false declaration in his enrolment form. The petitioner denied that he had made any such false declaration. By an order dated 17.1.2003 passed by respondent No. 4, petitioner's services have been terminated. The order states that petitioner was tried by Summary Security Force Court on 17.1.2003 for an offence committed by him under Section 23 of the BSF Act for "Making at the time of enrolment a wilfully false answer to a question set forth in the prescribed form of enrolment, which was put to him by the Enrolment Officer, before whom appeared for the purpose of his enrolment". Petitioner was found guilty for the charge and awarded punishment, "To be dismissed from service". The sentence of the Court was promulgated to him on 17.1.2003 and he was struck off the strength of the Centre with effect from 17.1.2003.

(3.) In Paragraph 8 of the writ petition, petitioner has stated that on 25.1.2003, certain documents were given to him including enrolment form, copy of the letter dated 27.3.2002 for verification of petitioner's character, copy of the letter dated 6.6.2003 by the District Magistrate. Gorakhpur, copy of the report dated 28.6.2002, copy of the proceedings before the Commandant on 28.6.2003 and the copy of the statement of PW-1, and the copy of report of Local Intelligence Unit dated 9.5.2002. The District Magistrate an verification of enrolment form reported, that a case under Sections 323. 504 and 325 IPC in Case Crime No. 518 of 2001 is pending against petitioner, this report was made in pursuance of the report of Senior Superintendent of Police, Gorakhpur on 22.5.2002.