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High Court of Delhi
PRADEEP NANDRAJOG & JAYANT NATH, JJ.
Dharambir Singh
Versus
Union of India & Others
W.P.(C) 2402 of 2003
Decided on: 21-03-2014
BSF - Disciplinary Proceedings - BSF Act 1968, Section 16(d), Section 40, Section 26 - The court discussed the charges against the petitioner under the BSF Act 1968, including leaving duty without orders, unauthorizedly visiting a civilian's house and consuming alcohol, and being in a state of intoxication. The court analyzed witness testimonies and the petitioner's defense to establish the petitioner's guilt. The court also addressed the petitioner's contentions regarding the trial process and the veracity of witness statements.
Fact of the Case:
The petitioner, a Lance Naik in the BSF, was charged with leaving duty without orders, unauthorizedly visiting a civilian's house and consuming alcohol, and being in a state of intoxication. The trial commenced, and the petitioner pleaded guilty to the first charge but not guilty to the other two charges. The court examined witness testimonies and the petitioner's defense.
Finding of the Court:
The court found the petitioner guilty of all charges and punished him with dismissal from service. The petitioner challenged the punishment, alleging coercion, trial process violations, and witness influence. The court addressed each contention and dismissed the petition.
Issues: The issues included the validity of the trial process, coercion during the trial, adequacy of defense preparation time, verification of witness statements, witness credibility, compliance with BSF Rules, and the need for medical examination to establish intoxication.
Ratio Decidendi: The court established the petitioner's guilt based on witness testimonies and the petitioner's defense. It rejected the petitioner's contentions by analyzing the trial record, witness credibility, and compliance with BSF Rules. The court emphasized the sufficiency of ocular evidence to establish intoxication, despite the lack of medical evidence.
Final Decision: The petition was dismissed, and the petitioner's challenge to the punishment was rejected.
Pradeep Nandrajog, J.
1. Writ petitioner challenges the order dated May 14, 2000, holding the petitioner guilty of the charges framed against him and inflicting punishment of dismissal from service. Statutory appeal and thereafter the revision filed were rejected vide orders dated February 06, 2002 and May 21, 2002 respectively. The same have also been challenged.
2. The petitioner was enrolled as a Lance Naik in the BSF and was attached to the 192nd Battalion. On February 19, 2000 the petitioner was detailed at Naka Point No.1, near BOP Gadra.
3. An offence report was put up before the Commandant listing three allegations against the petitioner : (i) of leaving the Naka Point without permission; (ii) unauthorizedly entering the house of a civilian; and (iii) being in a state of intoxication. After hearing the petitioner with respect to the offence report the Commandant directed preparation of Record of Evidence.
4. At the Record of Evidence, five witnesses were examined by the prosecution viz. Ct.Ahibaran Singh PW-1, Ct.Rajesh Sharma PW-2, SI Vivek Dhiman PW-3, Sh.Dukhia Marki Munda PW-4 and Sh.Kiran Chandra Biswas PW-5.
5. Ct.Ahibaran Singh PW-1, deposed that on the day of the incident, i.e. February 19, 2000, he was detailed for naka (ambush) duty at Naka Point No. 1 near BP 735/3-S from 18:00 hours in the evening to 06:00 hours of the next morning. Ct.Rajesh Sharma (PW-2) was deployed with him and they were under the command of the petitioner. At around 18:30 hours, Ct.Rajesh Sharma and he were directed by the petitioner to check the border fencing and patrol the naka point. Accordingly, they left the naka point to do so. On their return at around 20:00 hours they saw the petitioner sitting at the naka point with a civilian who they identified to be Dukhia (PW-4) from the nearby village of Nawagram. Both were consuming alcohol. Petitioner told Ct.Rajesh Sharma and him that he was going to Nawagram village to drop Dukhia. Ct.Rajesh Sharma and he requested the petitioner not to leave the naka point since he i.e. petitioner was drunk and was unable to walk. Petitioner did not listen to them and left the naka point at around 20:45 hours, leaving behind his carbine unattended. He took the carbine in his possession. Thereafter, he heard noise of some commotion from Nawagram Village which was approximately 500 yards from the naka point. He asked Ct.Rajesh Sharma to go to the village and find out what was the matter. Ct.Rajesh Sharma returned after ten minutes and told him that some villagers had encircled the petitioner over what appeared to be some sort of altercation. He immediately asked Ct.Rajesh Sharma to rush to BOP Gadra and apprise the Post Commander SI Vivek Dhiman about the situation. SI Vivek Dhiman reached the spot along with Ct.Indrajit and L.NK K.P.Sharma and rescued the petitioner from the agitated villagers. Petitioner was taken back to BOP Gadra. Later on he handed over the petitioners carbine to SI Vivek Dhiman.
6. Petitioner refused to cross-examine the witness despite opportunity being granted.
7. Ct.Rajesh Sharma PW-2, deposed in sync with Ct.Ahibaran Singh PW-1.
8. SI Vivek Dhiman PW-3, deposed that on the day of the incident, Ct. Rajesh Sharma (PW-2) reported at BOP Gadra at around 21:30 hours and told him that petitioner had been encircled by a group of angry villagers at Nawagram village. He immediately left for Nawagram village with L.NK K.P.Sharma and Ct.Inderjeet. They reached Naka Point No.1 where they met Ct.Ahibaran Singh (PW-1). Ct.Ahibaran Singh handed over the petitioner’s carbine to him. Thereafter, he left for Nawagram village along with the other officers. On reaching Nawagram village he saw the petitioner was encircled/gheraoed by around 15-20 villagers. He spoke to Sh.Kiran Biswas, a member of the Panchayat and after great deliberation managed to bring the petitioner back to Naka Point No.1. He ordered Ct.Indrajit to take the place of the petitioner at the naka point and brought the
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