UNION OF INDIA Vs. PARAS SINGH

JUDGEMENT

(1.) Thisletters Patent Appeal has been preferred by the original respondent No.1 in W.P.(S) No.206 of 2004. The writ petition was preferred by the respondent, challenging the order passed by the appellant of dismissal from the services of the Border Security Force. The order of dismissal dtd. 17/6/1999, passed by the Security Force Court, was quashed and set aside by the learned Single Judge by entering into the evaluation of the evidence on record.

(2.) Learned Single Judge has held that the charges levelled against the respondent delinquent (original petitioner) have not been proved. Compensation of Rs.2,00,000.00 has also been awarded by the learned Single Judge and less punishment on account of charge No.2 has been recommended by the learned Single Judge. Looking to the contradictory order passed by the learned Single Judge, the appellant - Union of India has preferred the present Letters Patent Appeal.

(3.) Having heard learned Assistant Solicitor General of India, appearing for the appellant as well as learned counsel for the respondent, it appears that the date of misconduct of the respondent delinquent (original petitioner) is dtd. 13/9/1998. The charge-sheet was issued upon the respondent (original petitioner) on 3/10/1998. The respondent was working as a Constable in Border Security Force. The charge Nos.1, 2 & 3 read as under :- <FRM>JUDGEMENT_188_LAWS(JHAR)10_2018_1.html</FRM>