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2002 Supreme(Del) 1542
High Court Of Delhi
AMAR SINGH BHATI - Appellant
Versus
UNION OF INDIA - Respondent
CIV.WRIT PETITION 6931 of 2001
Decided On : 09/30/2002
Anil Gautam, K.K.Sud, REKHA PALLI
The GSFC's findings on guilt and the sentence, as well as the Director General's confirmation of the finding and sentence, were without any reasons, violating the requirement to record reasons for decisions in administrative authorities exercising judicial or quasi-judicial functions.
Headnote:
GSFC - Ex-Assistant Commandant - BSF Act Section 46, Prevention of Corruption Act Section 13(1)(e) - The petitioner, an Ex-Assistant Commandant, was implicated in a false case and tried by the General Security Force Court (GSFC) under Section 46 of the BSF Act read with Section 13(1)(e) of the Prevention of Corruption Act. The petitioner was found in possession of Rs. 24,000, allegedly disproportionate to his known sources of income. The GSFC found the petitioner guilty and sentenced him to one year rigorous imprisonment, dismissal from service, and a fine of Rs. 5,000. The Court unanimously recommended mercy, but the Director General did not find any ground to grant mercy as recommended. The GSFC's findings on guilt and the sentence, as well as the Director General's confirmation of the finding and sentence, were without any reasons. The petitioner challenged the proceedings, arguing that the prosecution had led two sets of stories, and that the GSFC trial was vitiated by unfair partial and one-sided role played by the Law Officer. The petitioner's defense was corroborated by 8 prosecution witnesses who stated that they had deposited their money with the petitioner for safe custody. The recovery of money from the petitioner was not disproportionate to his known sources of income, and the charge itself was not framed properly. The Court quashed the GSFC proceedings and the resulting punishment, allowing the writ petition and awarding the petitioner costs of Rs. 5,000.
( 1 ) THE petitioner is an Ex-Assistant Commandant who was serving with Border Security Force (BSF ). He had joined the BSF as a Constable in the year 1966 and, after getting few promotions during his service career, had risen to the rank of Assistant Commandant in the year 1993. Giving an example of exemplary service he claims that on 20. 9. 1993 while serving in Kashmir Valley he killed four militants in an encounter and in the process he himself sustained five bullet injuries and a major bomb splinter in his belly which were extracted by a major operation. During his service career, he further claims, he had earned about 20-22 cashawards, good entriesbyvarioussuperiorofficersbecauseofhis meritorious and unblemished record of his services.
( 2 ) HOWEVER, according to the petitioner, he was implicated in a false case at the instance of Shri S. K. Ghosh, Junior Staff Officer (JSO) (General) and was tried by general Security Force Court (GSFC) w. e. f. 21. 9. 2000 to 23. 10. 2000 on a charge-sheet under Section 46 of the BSF Act read with Section 13 (l) (e) of th e Prevention of corruption Act. The allegation against him was that he was found in possession of rs. 24,000/- at BOP gede on21. 8. 1996 which allegedly was disproportionate to the known source of income from the petitioner. He was convicted of the aforesaid charge on 23. 10. 2000 and was sentenced to suffer rigorous imprisonment for one year, dismissal from service and fine to the tune of Rs. 5,000/ -. The petitioner discloses the circumstances which led to framing of aforesaid charge and his trial by GSFC in his petition in detail. His version is in the following terms.
( 3 ) IN July 1996 the petitioner was posted in 41 Bn BSF and the company of the petitioner was stationed at BOP Shikarpur. On 29. 7. 96 the company of the petitioner went to Rajapur training camp for collective training. The company personnel received their pay for the month of July 96 on 2nd or 3rd August, 1996. On 7th August, 96 the commandant of the unit directed that the company of the petitioner shall proceed to BOP Gede and the move was to commence on 10. 8. 96. It was directed that the company personnel shall move with light bedding and shall leave their boxes, suitcases and other heavy luggage at Rajapur training camp itself and the guard of onencoand 3 Constables. The petitioner passed such instructions to the coy personnel on 7. 8. 96 through the CHM (Coy Havaldar Major) and also passed instructions that since boxes and suitcases of Jawans were not being carried, if any person wanted to deposit his money with the coy Comdr (petitioner) for safe custody, he could do so. That between 8. 8. 96 to 10. 8. 96,8 coy personnel deposited the money of their pay and allowances with the petitioner i. e. . HC Pritam Singh (PW 6) deposited Rs. 2,000/- (Rs. two thousand only), Ct. Raghubir Singh (PW 13) deposited Rs. 4,000/- (Rs. four thousand only), Naik P. N. Singh (PW7) deposited Rs. 5,000/- (Rs. five thousand only), Naik Asheshwar Ram (PW 8) deposited Rs. 2,000/ - (Rs. two thousand only), Ct. B S K Nair (PW 12) deposited Rs. 4,000/- (Rs. four thousand only), Ct. Paramjit Chand (PW 14) deposited Rs. 3,800/- (Rs. three thousand eight hundred only), Ct. Anil Kumar (PW 10) deposited Rs. 1,700/- (Rs. one thousand seven hundred only) and Ct. Sushil Kumar (PW 11) deposited Rs. 1,500/- (Rs. one thousand five hundred only ). Thus a total of Rs. 24,000/- (Rs. Twenty Four thousand only) was deposited by the Coy personnel with the petitioner for which the entries were made in the private fund cash book and were signed by the petitioner as well as the employees depositing the money. That on 21. 8. 1996 Shris. K Ghosh (PW 1), Junior Staff Officer (General) from the intelligence branch of Frontier Headquarter, BSF Calcutta came to BOP gede and carried out the search of personal belongings of all the BOP personnel and seized the money of their pay and allowances found from their possession. After
