ANIL KUMAR TIWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner in the year 2002 was enrolled as the member of the Border Security Force, "The Force" in short, as defined under Section 2(l) of the Border Security Force Act, 1968 (hereinafter referred as the 'said Act' in short).

(2.) The petitioner while was serving as the constable of the 140th battalion of the force at Indo-Bangladesh Border was served with the following charge-sheet by the officiating commandant of the said battalion:- CHARGE SHEET Charge against No. 02145842 Rank- Constable Name- Anil Kumar Tiwari of 'D' Coy 140 BN BSF BSF ACT- 1986 AN ACT PREJUDICIAL TO GOOD SECTION- 40 ORDER AND DISCIPLINE OF THE FORCE in that he, at BOP Subhash Ex- 140 Bn BSF on 28.04.2007 in between 280001 hrs to 280600 hrs while performing Naka duty between picket No. 90 to 99 near BP No. 194/8-s deliberately allowed 20 No of cattle heads to cross from India to Bangladesh. (T P S SIDHU) 21/C OFFICIATING COMMANDANT 140 BN BSF

(3.) The said officiating commandant conducted the hearing of the said charge in terms of Rule 45 of the Border Security Force Rules, 1964 (hereinafter referred as the 'said Rule' in short) and after considering evidences emerged during the record of evidence remanded the petitioner for trial by Summery Security Force Court (hereinafter referred to as the 'SSFC' in short). The SSFC was constituted by the officiating commandant of the unit of which the petitioner was a member and the trial was held accordingly, as many as nine witnesses were examined from the side of the prosecution and were cross-examined in the said trial.