SUNIL KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner in instant petition has implored for the following reliefs:- Sr. No. 07

(2.) The facts under cover of which the aforesaid reliefs have been prayed by the petitioner are that the petitioner came to be appointed as a Constable in the year 1990 under No. 91000118 in the Border Security Force (for short "the BSF") and after undergoing training at STC Udhampur, came to be posted in 161 Bn BSF.

(3.) It is being stated that on 10/10/2000, the petitioner while posted at Dhumkund, Udhampur along with Head Constable Gulzar Chand, Bansi and Inspector S. N. Sharma had gone to Hella village from Kantha post, as an information was received that the militants have come to the village and consequently laid an ambush, whereafter in the morning a lady come out from the house where the ambush was laid and upon seeing the force personnel made a noise whereupon a fire sound was heard and the Head Constable Gulzar Chand ordered the petitioner to search the house and the house was searched by the petitioner along with Constable Rajbir Singh and one member of Village Defence Committee, namely, Bansi Lal. It is being stated that during the operation the petitioner killed a renowned militant namely Pajir, whereafter the petitioner fell ill and came to be treated at BSF Hospital and while receiving treatment as advised by the pharmacist to stay in the hospital, the petitioner came to be directed to go to CDO Platoon and the petitioner was forcibly sent to the CDO Platoon, whereafter the respondents framed a false and frivolous charge-sheet against the petitioner under Sec. 21(2) of the Border Security Force Act, 1968 (for short "the Act of 1968") alleging therein that the petitioner disobeyed the lawful command given by the superior officer.