BALRAM PAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, a Head Constable in Border Security Force was found intoxicated while detailed on duty at BSF Post, Khemkaran, District Amritsar. On the night intervening 3rd and 4th August, 2000, Deputy Commandant, Gurdip Singh had gone to the naka where the petitioner was detailed to perform duty and found him in an intoxicated state. The petitioner was directed to hand over the duty to Constable Ashok Kumar, who was the next person on duty. On the basis of complaint made by Deputy Commandant, Gurdip Singh, the petitioner was served with a charge sheet dated 26.08.2000 for an offence under Section 16(c ) of the Border Security Force Act (hereinafter referred to as 'Act'). Section 16 of the Act creates those offences which are more severely punishable on active duty than at other times. As per Section 16 (c ) any sentry who sleeps upon his post or is found intoxicated can be so charged and punished. In this case, the petitioner was found in intoxicated state at a post, while he was on active duty. Having so charged, the record of evidence was directed against the petitioner. Thereafter, the petitioner was sent for trial by Summary Security Force Court ('SSFC' for short), which was held on 30.11.2000. On 25.11.2000, the petitioner was served a charge sheet under Section 16 (c ) after conclusion of the record of evidence. Having served this charge sheet, the petitioner was put to trial on 30.11.2000, the petitioner statedly pleaded guilty to the charge and was sentenced to be reduced to rank of Constable. Being aggrieved against his trial and the award of punishment as aforementioned, the petitioner has filed the present petition before this Court.

(2.) It may also need a notice that the petitioner had earlier filed a writ petition before the High Court of Jharkhand at Ranchi, which, however, was dismissed on 01.02.2001 with the following observation:-

(3.) In response to notice of motion issued, written statement by respondent No. 2 is filed. It is pointed out that the petitioner was employed as Sentry with arms and ammunition at Naka ambush point No. 1 at Ex.BOP Pachharian. On being checked the petitioner was found intoxicated, not alert and slack on duty. This was observed by Company Commander while carrying out checking at Naka/ambush.