MALKIAT SINGH TOORA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE trial by the General Security Force Court (GSFC for short) of the petitioner -Deputy Commandant who at the material time held the rank of Assistant Commandant appears to have originated from the allegation of having slapped and beaten a constable. Trial was clinched by a finding of 'not guilty by order dated 24.9.1991. When it came to the notice of respondent No. 4 Inspector General of Border Security Force (IG hereinafter), He passed an order on 14 -01 -1992 (revision order hereinafter) directing re -assembling of the court to reconsider 'not guilty finding. In compliance with the said order, the GSFC reversed the finding of 'not guilty and sentenced the petitioner by order dated 24 -01 -1992 which may be noticed:

(2.) THE order was confirmed by the IG on 31 -01 -1992. To understand whether GSFC has rightly exercised the power. I may refer to relevant provision of the Border Security Force Rules, 1969 (BSF rules for short). Clause (b) of sub -rule (3) of Rule 105 reads :

(3.) A bare perusal of the abovesaid sub rule makes it obligatory upon the GSFC to follow the procedure envisaged by Rules 101 and 102 of BSF rules if the original finding was 'Not guilty. Admitted position being that the petitioner had earned 'not guiltyfinding at the conclusion of the trial. It was, therefore, imperative upon the GSFC to follow the procedure in terms of aforementioned rules in its letter and spirit. Whether procedure prescribed by rules was followed needs to be appreciated in the light of the fact that the 'revision order required the GSFC to re -assemble on 22nd of January, 1992, accordingly, the process of reconsideration commenced on the said date. What was the GSFC supposed to do Rule 101 assumes significance which is extracted ;