MOHINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner was reduced in rank. An order to this effect was passed on 03.06.1996. The petitioner challenges this order. In addition to this, the petitioner submits that when his request for voluntary retirement was accepted then this should have been accepted as if he was holding the post of Lance Naik and not on the post to which he stood reduced in rank. The second relief depends upon the nature of relief which would ultimately be granted in this petition. In case the order of reduction in rank is found to be justifiable, the second relief can obviously not granted. It is not necessary to go into the service profile of the petitioner.

(2.) WHAT is relevant is the event which took place on the night intervening 31.03.1996 & 01.04.1996. The petitioner was put on Naka duty opposite to international border. He was found remiss in the performance of duty. He was found sleeping in an improvised Jhuggi, on the night intervening the two days referred to above. The petitioner was proceeded against in terms of section 40 of the Border Security Force Act. A Summary Security Force Court was held on 03.06.1996. The petitioner was found guilty. The sentence was passed accordingly. The petitioner submitted a representation to the Inspector General of Police. It is submitted that the sentence imposed on the petitioner has been duly promulgated. For this reliance is being placed on an order dated 11.04.1996.

(3.) THE petitioner challenges the proceedings of the court referred to above. It is submitted: