GULZAR HUSSAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) WHILE the petitioner was posted in 132 Bn. BSF, he was charge sheeted under Section 46 of the BSF Act for committing a civil offence i.e. to say causing death by rash and negligent act under Section 304 -A RPC. The petitioner while driving B.S.F. vehicle rashly and negligently caused accident which resulted into death of a civilian. He was tried by the Petty Security Force Court, the conclusion of which resulted in dismissal of the petitioner from service vide order dated 12.04.2001. It is this order which is subject matter of challenge in the present writ petition.

(2.) I have heard learned counsel for the parties and perused the record.

(3.) BSF Act and Rules is a Code in itself and provides mechanism and procedure in respect of Court Martial proceedings. In every disciplinary matter, the court of inquiry is required to be held and offence report is prepared under Rule 43 of the BSF Rules, which shall be reduced in writing in the form set out for the purpose. This is followed by a charge sheet under Rule 44. The charge sheet so prepared is to be heard by the Commandant and after hearing the charge sheet, the Commandant may award punishment, which he is empowered to do so or dismiss the charge, or remand the accused for trial by a Summary Security Force Court. The framing of charge sheet is followed by Record of Evidence (ROE) in terms of Rule 48. While preparing ROE, the evidence is recorded by the prosecution and the accused is given an option to examine the defence witnesses. After recording of ROE and for having committed a civil offence, a person is liable to be tried by the Security Force Court. The application of aforementioned provisions of the BSF Act and Rules are germane for determination of the present controversy.