GIAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) WHEN the nation should have been celebrating the Republic Day the petitioner, a Head constable in 24 Bn of Border Security Force, came to be accused of attempting to have carnal intercourse with a colleague constable Mohan Singh. That is how the charge reads against him. This cost him his service. He wants to get back and for that challenges the order passed by Summary Security Force Court (SSFC) and the order passed in appeal by respondent No. 2 dated July 21, 1978 and the order of confirmation passed by the Central Government dated August 6, 1979.

(2.) BRIEFLY stated, the facts are that the petitioner was serving in Border Security Force holding the rank of a Head constable He claims to have won medals in 1965 and 1971. He was also awarded two commendation certificates

(3.) WHILE he was serving at Drass in Ladakh District in Bn. 24 of Border Security Force, which was commanded by one Shri B S Bist, a complaint come to be lodged against him by a fellow constable Mohan Singh upon which the Commanding Officer ordered preparation of record of evidence against him. On June 13, 1970 record of evidence was submitted to the Commandant who passed the following order: - I have gone through the Record of Evidence. One coolie appeared before me when I visited the piquets. He had similar complaint to make against the Head constable Gian singh for attempting to do sodomy with him His statement be also recorded".