SIYA RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal filed by the writ petitioner i.e. appellant herein, is directed against the order of dismissal of W. P. (C) No. 442 of 2006, passed by the learned Single Judge, wherein the penalty of reduction in rank, from Havildar to Constable, imposed on the writ appellant by the respondents vide order dated 10.8.01, was challenged.

(2.) We have heard Mr. K. Khan, learned counsel for the appellant and Mr. S. C. Shyam, learned CGC appearing on behalf of the respondents.

(3.) The facts, which are required to be recounted for disposal of this appeal, may be narrated, in brief as follows: On successful completion of training, the writ appellant was enrolled in the Border Security Force on 27.5.83 as a driver. After having rendered sincere service as a driver of the Boarder Security Force, for almost 14 years, the appellant, in normal course of duty, was driving a Tata 407 Mini Truck bearing No. DL 1L 1089. On 09.01.1997, in a convoy of 5 vehicles, under the command of Asstt. Commandant of the unit. The appellant's Truck was plying in serial No. 3 of the convoy and the vehicle had no iron bars and hoods on the carriage. Besides goods loaded in the Mini Truck driven by the appellant, six other Jawans were travelling in the carriage on the direction of the officer concerned. While negotiating U-turn, the Truck driven by appellant met with an accident. In the accident the appellant and the cabin crew escaped with some minor injuries, however all five Jawans travelling on the carriage and the goods loaded in the vehicle were thrown on the ground. All other Jawans sustained minor injuries on their person; however, L.N.K. Abdul Aziz succumbed to the injuries sustained by him in the accident. An FIR was lodged with the Officer in-charge of Tengnoupal P. S., Chandel, Manipur, by the respondent No. 2, Commandant of BSF, which was registered as FIR No. 3(1)/97. The said case was eventually disposed of by the learned C. J. M. Chandel by accepting the final report vide order dated 04.04.98.