EX. CONSTABLE RAJ KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition challenging the orders imposing sentence of five years and dismissal from service passed against the petitioner. A grievance regarding the rejection of the petition filed by the petitioner on the ground that it was not submitted personally but through a counsel has also been made.

(2.) The petitioner who was working as a Constable in the Border Security Force was served with a charge-sheet alleging that he had committed a civil offence namely, attempt to murder. It was alleged that on 23.6.1987 at BOP Rajoke the petitioner fired shots as a result of which Head Constable Makhan Singh was injured in the chest with intent to kill him. A copy of the charge-sheet is at Annexure P-6. After consideration of the matter, the Court of Inquiry recorded a finding of 'guilt'. A copy of this finding is at Annexure P-1. This finding was confirmed by an order of 13.1.1989. The petitioner filed a petition on 16.1.1989 which was rejected by the Director General, Border Security Force vide his order dated 16.3.1989. The petitioner, through his counsel, submitted a petition under section 117(2) of the Border Security Force Act, 1968 . This petition was rejected vide orders passed on 11.7.1989 with the observation that "petitions submitted by the convicts only are entertained."

(3.) The petitioner has filed the present petition challenging the finding and conviction recorded against him and the order rejecting his petition on the ground that it was submitted through the counsel and not directly by the petitioner.