PRITHVI SINGH BISHNOI Vs. UNION OF INDIA

JUDGEMENT

(1.) BY THE COURT : The petitioner was enrolled with Border Security Force on 24.12.1984, and was promoted as L/Naik on 15.3.1993. While posted as "A" Coy 23 Battalion, Border Security Force, he was charged as per Section 20(b) of the Board Security Force Act, 1968 (for short 'the Act of 1968' hereinafter). It was alleged that he used threatening language to his superior officer Subedar Hardev Singh.

(2.) A Summary Security Force Court (hereinafter referred as 'SSFC') assembled on 29.9.2001, the charges were read and explained to the accused-petitioner and in response thereto his answer was recorded in the terms that " No.8400526 4 L/Nk Prithvi Singh, the accused pleads guilty upto the extend that he did abused to No.67511617 Sub Hardev Singh, "Bahenchodh Chugli Karta Hai, Bahenchodh, ise Inspector kisne bana dia" but did not said other words mentioned in the Charge Sheet." As the petitioner pleaded guilty, the provisions as per Rule 142(2) of the Border Security Force Rules were also adhered. The Commandant, 23 Battalion, BSF vide order dated 3.10.2001 found the petitioner guilty for the charge and awarded sentence of dismissal. Relevant part of the order dated 3.10.2001 reads as follow :- "02. The accused pleaded guilty of the charge upto the extend that he did abused No.675116117 Sub Hardev Sigh but did not said words mentioned in the charge sheet. The court having found him guilty, awarded the sentence as under :- "TO BE DISMISSED FROM SERVICE" 03. No.84005264 L/NK Prithvi Singh, 'A' Coy of this Unit is hereby struck of strength of this Unit w.e.f. 01 October 2001 (AN)." The statutory petition against the conviction recorded and sentence awarded by the Commandant after trial by SSFC also came to be rejected on 11.2.2002, hence, this petition for writ is preferred.

(3.) AS per Section 20 of the Act of 1968, any person subject to the Act aforesaid while on active duty commits any of the offences prescribed therein, then on conviction by Security Force Court, such person is liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as provided in the Act itself.