BHAGARAM BISHNOI Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant writ petition has been filed by the petitioner challenging punishment order dtd. 23/8/2019, whereby respondents exercising their powers under Sec. 40 of the Border Security Force Act, 1968 (hereafter the BSF Act) awarded punishment of "fine of pay of 7 days and recovery of cost of 10 Ltrs. of diesel, as per the prevailing market rates".

(2.) The petitioner has pleaded that he was serving in the respondent-BSF and was posted at Composite Hospital, Frontier Headquarters, Jodhpur.

(3.) The petitioner has pleaded that while he was working in the Transport Branch of the Headquarters, he found in the month of April, 2018 a damaged fuel tank of one of the Ambulance of the Hospital and as per instructions received by the petitioner from Head Constable (M.T.), he immediately removed fuel from the tank to save further leakage and the petitioner after taking out the fuel from the said Ambulance, poured it in the oil tank of another vehicle.