( 1 ) THIS Letters Patent Appeal has been preferred by the Union of India against the judgment of the learned Single Judge dated 12. 1. 1999 delivered in Civil Writ Peti- tion No. 999 of 1992.

( 2 ) BRIEF facts which are necessary to dispose of this appeal are recapitulated as under :-

( 3 ) RESPONDENT, B. N. Jha, on 19. 7. 1990 was posted as by. Commandant in the basic Training Centre of the Border Security Force, Training Centre and School (for short hereinafter referred as TCands) at Hazaribagh. The TCands had three wings which were located in the same campus at Hazaribagh headed by Mr. B. S. Garcha, DIG and commandant: He was overall incharge of all the three wings mentioned hereinafter. The details of which are set out as under:- tcands (Commanded by DIG)

( 4 ) ON 17. 7. 1990 a theft of Rs. 1,700,- belonging to one recruit B. K. Jha (P. W-9) had taken place. On questioning the related personnel, it came to light that respon- dent B. N. Jha accepted Rs. 5,000. 00 from the recruit B. K. Jha to get him en- rolled/recruited in the BSF during June/july 1990.

( 5 ) ON 16. 7. 1990 Mr. Raj Singh, D. C. reported to Mr. J. S. Bakshi, Commandant that Ct, Bhavesh Kumar Jha had told him in the presence of Mr. G. S. Rana that he had brought Rs. 8500. 00 from his house and out of that amount he was told by his father to pay Rs. 7000. 00 to B. N. Jha, the respondent herein as he had helped him in getting enrolled/recruited in the BSF. Mr. Raj Singh, DC. also told Commandant Bakshi thai he was informed by Ct. Bhavesh Kumar Jha that he had paid Rs. 5000. 00 to the respon- dent a week prior to that day. He further told Mr. Raj Singh that after about two days of the said payment to the respondent, one Constable of the Administrative Wing had come to Ct. Bhavesh Kumar Jha to collect money for the respondent and he had paid him Rs. 1000. 00.

( 6 ) ON 17. 7. 1990 at about 0930 hours Mr J. S. Bakshi called up the DIG and Com- mandant Mr. B. S. Garcha to inform him that the respondent had come to his office and apologised for having received money. The respondent told Mr. Garcha that while he was on leave, one boy contacted him for his recruitment and accordingly the respondent spoke to the presiding officer of the recruitment board. The respondent further told the DIG Mr. Garcha that he had received Rs. 6000. 00 from Constable bhavesh Kumar Jha after his arrival at Hazaribagh for training. The respondent also admitted that he had also received Rs. 4000. 00 before the recruitment. Thereafter, the dig asked Mr. Bakshi to further inquire into the matter.

( 7 ) MR. J. S. Bakshi, Commandant had sent a letter to Mr. B. S. Garcha, DIG and commandant mentioning in detail about the entire episode, he in turn on 4. 9. 1990 asked Mr. M. S. Arya, Commandant, BTC to initiate disciplinary action against the respondent, B. N. Jha. It may be pertinent to mention that Mr. M. S. Arya was working directly under Mr. B. S. Garcha, DIG and Commandant.

( 8 ) DURING the course of hearing the learned counsel appearing for the Union of india has handed over two letters. One letter dated 4. 9. 1990 was sent from the DIG and commandant Mr, B. S. Garcha to Mr. M. S. Arya, Commandant, BTC and another let- ler dated 17. 7. 1990 sent by Mr. J. S. Bakshi, Commandant to the DIG Mr. Garcha. The letter dated 4. 9. 1990 reads as under :-Copy to :-Shri J. S. BAKSHI -Commandant STC BSF HAZAR1bagh - for information please. He is requested toproduce the witnesses and the Cassettes containing tape recorded statements of the rccts in question, as and when required by Shri M. S. ARYA, Comdt. sd/- (B. S. GARCHA) DIG and COMMANDANT

( 9 ) THE learned Counsel for the appellant-Union of India urged that the appellant had acted in accordance with the provisions of the Border Security Force Act, 1968 and the Border Security Force Rules, 1969. The appellant also submitted that the respondent was given full opportunity to defend himself in this case including a Coun- sel to defend him