MOHD. MAHIBUR RAHMAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant was enrolled in the Border Security Force ["BSF"] as Constable (GD) on 16/4/1987 and was assigned to 93 Bn BSF on 4/6/1994. After his joining 93rd Bn BSF, the appellant was further posted to 'F Coy' of the Unit. In the year 2000, the appellant was deployed at Forward Defence Location ["FDL"]-430 on the Line of Control in Poonch District of Jammu and Kashmir under operational control of 4 Grenadiers (Army Staff). On 25/9/2000, the appellant was deputed for night sentry duty at FDL-431 from 6 p.m. to 9 p.m., in buddy-pair, along with another Jawan of 4 Grenadiers (Army), namely, Sepoy Manoj Kumar.

(2.) It is alleged that the appellant left the place of duty with an excuse for having dinner but started consuming illegitimately procured liquor in violation of the standing instructions. When the appellant did not return for his duty till 9 p.m., Grenadier Manoj Kumar went to the bunker to call him for resuming his duties, he found the appellant in a state of intoxication who started abusing him. It is, however, alleged that, after some time, the appellant came out of his bunker without wearing belt, helmet and bullet proof jacket and asked the Grenadier Manoj Kumar to stand at the view point. When the Grenadier Manoj Kumar told the appellant that he would report against him for his conduct, ,the appellant got infuriated and fired 05 gun shots from his service weapon towards Grenadier Manoj Kumar. The bullets did not hit Grenadier Manoj Kumar but after hearing the sound of gun shots, troops of 4 Grenadier and their Commanding Officer came out of their bunkers. They disarmed the appellant and placed him under arrest. Officiating Coy Commander of appellant was telephonically informed about the happening, who himself reached FDL-431 on 26/9/2000 and took over the appellant from the army authorities.

(3.) Having found the appellant having committed serious offences, he was heard by the Commandant, 93 Bn BSF on 9/10/2000 under the provisions of the Border Security Force Rules, 1969 ["the BSF Rules"] on two charges. The first charge was under Sec. 16(c) of the Border Security Force Act, 1968 ["the BSF Act"] for 'being intoxicated while on active duty' and the second charge was under Sec. 40 of the BSF Act for 'commission of an act prejudicial to good order and discipline of the Force'.