BALJINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has come up with a prayer to quash the Summary Security Force Court proceedings (Annexure P-7) whereby apart from sentencing the petitioner to undergo rigorous imprisonment for six months in civil jail, he was also dismissed from the service of Border Security Force. As a consequential relief, the petitioner seeks his reinstatement in service along with all the monetary benefits.

(2.) The petitioner was enrolled as a Constable (General Operator) in BSF on January 10, 1995. While he was attached with 42nd Battalion, stationed at Border Outpost Sowarwali near Fazilka, it is alleged that he unauthorizedly loaded 69.5 meters of underground cable valuing approximately Rs. 15,2907- on an Eichor tractor-trolley bearing No. PB-03-0444 with the help of one Karnail Singh-a civilian. The underground cable was despatched to Fazilka market in order to earn some money by disposing it of there; The underground cable was Government property meant for supplying electricity to border flood-light poles. The petitioner, at the relevant time, was responsible for counting and maintaining of the underground cable wires. The aforesaid incident of theft was also reported vide complaint dated 23/8/2001 (Annexure P-1) by the Company Commander to the SHO, Police Station Sadar Fazilka on the basis of which a formal FIR was registered. In the aforementioned complaint, it was alleged that the petitioner in onnivance with a civilian, namely, Karnail Singh and one more unknown person, had committed the theft. On the next day. i.e. 24/8/2001, respondent No. 3-the Commandant, 47lh Battalion convened a Court of Inquiry headed by K.N. Mishra, Assistant Commandant of 47th Battalion "to enquire into the circumstance under which the petitioner unauthorizedly loaded and despatched 185 mm UG-cable of 69.5 meters length on civilian tractor (Eicher) trolley No. PB-03-0444..., and to find out the possible involvement of other personnel, if any, and the destination of despatch of the said UG-cable and to apply Rule 173(8) of the BSF Rule, if need be."

(3.) The Court of Inquiry after examining 17 witnesses including the petitioner, gave an opinion that the petitioner was responsible for the theft in question. The Court of inquiry proceedings, photostat copies of which have been placed on record as Annexure P-2, further reveal that an opportunity to say or make any statement in support of his deference and to produce any documents in support of his defence or to carry any witness in his defence at that stage was given to the petitioner "to which be declined to do so". The Presiding Officer also "certified that Rule 173(8) was complied with". Based upon the opinion of the Court of Inquiry, the Commandant 42nd Battalion, the third respondent prepared an offence report (Annexure P-3) against the petitioner followed by an order dated 5.9.2001 (Annexure P-4) whereby the Deputy Commandant of the Unit was detained to conduct "Record of Evidence" (ROE) as per the details mentioned in the accompanying charge-sheet.