MAHENDRA SINGH Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The instant writ petition has been filed by the petitioner challenging the order dated 20.08.2006 dismissing him from service, passed by the Commandant, 57 Battalion, BSF, Patiram, West Bengal and further order dated 18.04.2007 passed by the DIG/Chief Law Officer (D & L), BSF, New Delhi rejecting the appeal of the petitioner filed against the dismissal order.

(2.) The brief facts of the case are that the petitioner was initially enrolled as Constable in the Border Security Force (in short 'the BSF') on 01.04.1988 and was posted in 57 Battalion, BSF at Patiram, West Bengal on the post of Head Constable in the year 2006.

(3.) The petitioner has pleaded in his petition that after sanction of his leave by the competent authority on 19.06.2006, he left the premises of BSF at 1700 Hrs. for his onward journey to his home town. The petitioner was about to board a civil bus at the local bus stop, located outside the gate of BSF in civil area, one Commandant R.P.S.Mallik directed one of his subordinate officer and other BSF personnel to bring back BSF personnel (the petitioner) inside the service/campus area of 57 Battalion, BSF and effected the search of the petitioner without any authority. It is alleged that the officials of the respondents falsely implicated the petitioner by showing recovery of money Rs. 61,600/- which the petitioner was carrying with him as part of his salary and allowances which he earned while on duty along with other deposits made by fellow members for handing over to their families in Rajasthan as he was proceeding on 60 days annual leave to his home State - Rajasthan.