JANAK RAJ DIGRA Vs. UNION OF INDIA

JUDGEMENT

(1.) RESPONDENTS Version: Janak Raj Digra (hereinafter referred to as "janak") joined Border Security Force (hereinafter referred to as "bsf") as constable on April 25, 1978. He was promoted in the rank of sub-Inspector on June 11, 1996. On June 7, 1999 while he was posted at srinagar in the State of Jammu and Kashmir he was implicated on an alleged charge of rape of a minor girl. The said case was pending as on the date of the filing of the affidavit before the learned trial Judge. However, the ultimate result was not made known to us. The statement in the said case was recorded in English. Janak signed the said statement in English. In December, 1999 122, Battalion in which Janak was a member was shifted to Calcutta. The Battalion was deployed at Indo-Bangladesh Border. On March 28, 2000 on a surprise raid Janak along with constable Jagdish kumar and Sohanlal seized two pipe guns from the miscreants. The pipe guns were kept in the boat after it had been seized while the raiding party had been patrolling in a boat in Sunderban area. Janak, however, did not deposit the seized pipe guns which were lost from his custody. He was charge-sheeted and proceeded in a Staff Court of Enquiry who investigated into the matter. Janak ultimately suffered punishment from dismissal of the service under the provisions of Border Security Force Act, 1968 (hereinafter referred to as the "said Act of 1968" ). Before he was inflicted the punishment of dismissal of service he was summarily tried on the offence of indicipline under Section 40 of the said Act and suffered a punishment of severe reprimand.

(2.) JANAK's Version: He was posted for a substantial period in the border state of Jammu and Kashmir. Altogether he had unblemished service career for about twenty-one years when he got thirty-two awards and/or medals including one commendation award for arresting inter border miscreants and/or militants in Panthochawak and Rainamari when two militants were apprehended from the said area being Indo-Pakistan border at Jammu and Kashmir. Just before the Battalion shifted to West Bengal he was implicated in a rape case although he was not at all involved in any such unfortunate incident.

(3.) ON the subject incident Digra stated that he had seized the pipe guns and kept it in the boat. During shifting of duty and changing of placement the said arms got misplaced and as such he was not in a position to deposit the same in the armory. Procedural Controversy: