( 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 h