PRAVAT CHANDRA KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) BY means of this writ petition, the petitioner has challenged the proceeding initiated against him under Rule 20 of the Border Security Force Rules, 1969. But it stated here that the petitioner has since retired from service as Deputy Commandant of B. S. F. on attaining the age of superannuation on 31. 3. 2005.

(2.) THE petitioner was posted at Doda in the State of Jammu and Kashmir from 20. 9. 1995 to 20. 2. 1997. During the said period, he was the Coy Commander ('b' Coy) of 56 Battalion, B. S. F. The petitioner was the accused of the charge relating to murder punishable under Section 302 read with Section 34 I. P. C. He was also charged under Section 342 I. P. C. read with Section 34 I. P. C. for wrongful confinement. Both the charges were in respect of death and wrongful confinement of one Bashir Ahmed, a civilian.

(3.) AFTER the aforesaid charge, a General Security Forces Court (G. S. F. C.) proceeding was initiated against the petitioner and in the said proceeding, the first charge of murder was held not established, while the second charge of wrongful confinement was held established. The petitioner was proposed with the penalty of forfeiture of one year service for the purpose of promotion. However, the authority, which was to confirm the sentence, did not agree to the proposal and remanded the matter back to the G. S. F. Court for a fresh consideration. However, the G. S. F. C. adhered to the earlier finding and the sentence.