M.VENKATASAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE writ petitioner is aggrieved by his dismissal from service.

(2.) WHILE working as Lance Naik in the border security force, he faced the allegation that having committed a civil offence he was liable to be proceeded against in terms of S.46 of the Border Security Force Act, 1968 (hereinafter referred to as "the Act"). It was alleged that on September 6th, 1998 he had accepted a sum of Rs.600/ - as gratification from an unknown Indian smuggler for permitting illegal safe Bangladesh passage to buffaloes belonging to such smuggler.

(3.) SINCE the Petitioner was not an officer or a subordinate officer subject to the Act, at the investigation and summary disposal stage the allegations were to be reduced to writing in the form set out in appendix -IV to the Rules, and at such stage there was no scope to issue a charge -sheet under Rule 53(2) of the Rules. A charge -sheet under Rule 53(2) is framed and issued only when a decision has been taken for trial by the competent authority.