UNION OF INDIA Vs. RIYAJ AHMED BANDYA

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 5.2.1998 in Civil Rule No. 664 of 1997.

(2.) The facts briefly are that the respondent herein was working as a Constable in the Border Security Force, G.S.F. Court proceeding was initiated against him in the year 1997 and the charges against the respondent were that on 1st March, 1992 while returning from Naka duty in the area BP No. 314/2 to 316, he deserted the service and was handed over to the Unit by Pak Rangers on 14th October, 1992 and he had committed theft of S.L.R. Registered No. DA- 2053 Butt No. 312 along with 3 Magazines and 50 round of 7.862 mm BDR belonging to the Government. The respondent pleaded guilty to the aforesaid two charges. On the question of punishment, however, he pleaded that the punishment should be mitigated as he has aged parents, six brothers and one sister and they were all dependent on him. Thereafter evidence of one Sukhjinder Singh Gill, Asstt. Comdt. 29 Bn BSF on the quantum of punishment was taken and by order dated 28th April, 1987 a sentence of rigorous imprisonment of 2 years and dismissal from service was proposed by the G.S.F. Court The respondent filed petitions dated 14.5.97 and 5.7.97 for mercy and pardon but the; said sentence was confirmed by the competent authority on 7th July, 1997. The respondent again filed mercy petition dated 24.9.97 before the Director General, B.S.F. but no relief was granted to the respondent and he then moved mis Court under Article 226 of the Constitution in Civil Rule No. 664 of 1997 for appropriate relief. By the impugned order and judgment dated 5.2.1998 passed in the said Civil Rule, the learned Single Judge after having found that the respondent had not been given an opportunity of hearing and that no reason had been recorded by the competent authorities set aside the order of confirmation and directed the Director General, B.S.F. to decide the appeal of the respondent dated 24.9.1997 afresh after affording an opportunity of hearing to the respondent and further directed that effort should be made for disposal of the appeal within a period of six month.

(3.) Assailing the said judgment of the learned Single Judge in this appeal, Mr. K.N. Bhatttacharjee, learned Senior Central Government Standing Counsel submitted that by judgments of the Apex Court in the cases of S.N. Mukherjee -Vs- Union of India, AIR 1990 SC 1984 and Union of India & Ors. - Vs- Amrik Singh, AIR 1991 SC 564, the Supreme Court has held that principles of natural justice are not required to be observed and reasons are not required to be recorded while disposing of a petition u/s 164(2) of the Army Act and u/s. 117(2) of the Border Security Force Act.