MUDRIKA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) :- The petitioner in this writ petition dated Nov. 17, 2006 is questioning the order of the DIG/Chief Law Officer (D&L) for Director General, BSF dated Oct. 18, 2006, Annexure P5 at p.30, and the order of the Commandant, 72 BN BSF dated Aug. 7, 2006, Annexure P3 at p.25.

(2.) By his order the commandant enforced the punishment of reduction to the rank of constable inflicted on the petitioner by the summary security force court, and by the order dated Oct. 18, 2006 the higher authority, modifying the punishment, inflicted three lesser punishments: (i) forfeiture of five years service for the purpose of promotion, (ii) forfeiture of seven years past service for the purpose of pension, and (iii) severe reprimand.

(3.) On April 16, 2006 the petitioner was working as a head constable in 72 BN of the BSF. By an order dated May 2, 2006, Annexure P1 at p.23, the commandant of the battalion detailed one U.N. Prasad, Deputy Commandant of the unit, to prepare a record of evidence against the petitioner in connection with the allegation that by a disgraceful conduct of an unnatural kind he committed an offence within the meaning of s.24(a) of the Border Security Force Act, 1968. The order dated May 2, 2006 was presumably made in exercise of power conferred on the commandant by r.45 of the Border Security Force Rules, 1969. The detailed officer was directed to prepare the record of evidence complying with r.48 of the rules. He prepared the record of evidence and submitted it to the commandant.