IMTIAZ AHAD KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) APPELLANT a Constable of Border Security Force was dismissed under orders of the Commandant STC BSF on December 21, 1995. Appellant challenged this order through the medium of SWP 4528 of 1996. The writ petition was dismissed on July 16, 1996. This order of dismissal of the writ is under challenge in this Appeal.

(2.) APPELLANT was recruited as Constable in BSF on 07 -08 -1994. He was deputed to BSF Training Centre Humhama, Budgam for undergoing the prescribed training. During this period on 18 -09 -1994, appellant was accidentally hit by a bullet discharged from fire arm. He sustained injury in his left leg and was hospitalised in Pathchowk BSF hospital and given necessary medical aid. Appellant failed in the training tests conducted by the BSF Board Officers in September 1995 and December, 1995. The Appellant was discharged from service vide impugned order as the Commandant found that the Appellant was " ..... not likely to become efficient member of the Force". The learned Single Judge found that the petitioner/appellant had failed twice in the prescribed training tests conducted by the Board and also in between unauthorisedly absented from duty. Besides the petitioner/appellant also failed to show the Rule which is alleged to have been breached in passing the impugned discharge order. In the impugned judgment, it is observed that the injury sustained has not interfered with the performance of the petitioner in the tests and that the petitioner was not holding any substantive post. Therefore, the petitioner cannot claim his discharge from service is arbitrary or without any basis.

(3.) THE Appellants counsel submits that the Appellant sustained bullet injury in his left leg without any fault of his by an act of another trainees recruit in the process of cleansing a gun. This affected the performance of the petitioner who could not qualify the test held in September, 1995 and December, 1995. The respondents could not have discharged him for this reason. No enquiry was held in this case and his dismissal from service is for ulterior motives and in an arbitrary manner. The BSF Rules, (without pointing to any specific Rule) it is canvassed have been violated.