DEEP SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS Judgment shall dispose of the Writ Petition filed by the petitioner under Articles 226/227 against the order passed by the respondents dismissing the petitioner from services w.e.f. 2.6.1999.

(2.) BRIEF facts of the case are that the petitioner was appointed as a Constable in BSF on 9.5.1989. On 12.5.1999, the petitioner was detailed on duly to BOP Moraghati in West Bengal and at about 0800 hours he was on duty along with other Constables. During his duties one villager named Rissudin came with an axe to plough his fields ahead of border road and the petitioner told the Whether the reporters of Local Papers may be allowed to see the Judgment? said villager that he has no instructions to allow any villager to go ahead of O.P.No.3. On this, the villager threatened to lodge a false complaint against the petitioner and made a false complaint to his Headquarter that the petitioner has allowed three civilians to cross the border along with three pairs of cattle. The Dy. Commandant thereafter visited the spot and enquired about the smuggling of three pairs of cattle from India to Bangladesh border. The petitioner was also asked about the incident. The proceedings were started against the petitioner and the Security Force Court recorded evidence and after recording of the evidence, the petitioner was called to defend himself and was given time to arrange a defence counsel and the Court after conducing of the proceedings, passed the major penalty of dismissal from service of the petitioner on 1.6.1989.

(3.) REPLY was filed by the respondents who have supported both the orders passed by them. We have heard the learned counsel for the parties and have also gone through the record.