KASHMIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner in this writ petition have questioned all impugned actions as well as orders of the respondents and prayed for quashing and/or setting aside of the charge sheet containing amended charge No.II, the proceedings before the General Security Force Court, the finding and sentence passed by that Court as well as the order rejecting the petition of the petitioner under Sec. of the Border Security Force Act and the order of confirmation since passed by the Court as well as the order rejecting the petitioner petition under Sec. of the BSF Act (hereinafter referred to as BSF Act).

(2.) The case of the writ petitioner in this writ petition is that he was enrolled by the Border Security Force (hereinafter referred to as the BSF) as SI (DE) on 7th September, 1970. Since the date of the petitioner was discharging his duties and functions in various capacities with utmost sincerity, honesty and integrity. On 15th June, 1995, the petitioner was promoted to the rank of Deputy Commandant. The petitioner kept up his satisfactory performance and was instrumental in thwarting several smuggling operations and proliferation of trans -border crimes while he was posted in 127 Bn BSF deployed on the Indo -Bangla border in the District of North 24 Parganas in West Bengal. The Commandant of 127 Bn BSF appointed the petitioner as Sector Commander for supervising the functions of two companies that is "D" Coy and "F" Coy. The petitioner motivated the troops to a considerable extent and with their active help, effected huge seizures of contraband goods including livestock and also apprehended criminals connected with smuggling and other trans -border crimes. This had created lot of animus in the mind of the anti -social elements of the locality towards the petitioner because their livelihood and survival at stake. To take revenge against the petitioner, the smugglers and some interested persons lodged false complaint against the petitioner alleging acceptance of illegal gratification by the petitioner from them for aiding them in their smuggling activities. However, while the petitioner was working as Deputy Commandant in 127 Bn BSF unit, he was transferred to the 122 Bn BSF unit in April, 1999. While the petitioner was in 127 Bn BSF unit on a sanctioned leave he was put under close arrest pursuant to an order passed by a DIG Sec. HQrs., Tagore Villa on 31st August, 1999. Subsequently, the petitioner was served with a pretrial charge sheet under Sec. of the Border Security Force Act, 1968. The impugned charge sheet contained three impugned charges under Sec. of Border Security Force Act.

(3.) Charge No. 1 reads as follows: -