WP(C) No.1798/2000

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of Decision: 9.07.2012

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W.P.(C) No.1798/2000

Pankaj Negi

…

Petitioner

versus

Union of India & Anr.

…

Respondents

Advocates who appeared in this case:

For the Petitioner

:

Mr.R.P.Sharma Advocate

For Respondent

:

Mr.Ankur Chhibber Advocate.

CORAM:

HON'BLE MR. JUSTICE ANIL KUMAR

HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA

ANIL KUMAR, J.

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1. The petitioner has challenged the Summary Security Force Court

trial conducted against him and his consequent dismissal from service

by order dated 28^th April, 1999 and he has also sought the quashing of

the same on the ground of being unconstitutional and violative of

Articles 14 & 16 of the Constitution. The petitioner has further sought

the quashing the order in appeal passed by the respondents, dismissing

his appeal. He has in addition sought his reinstatement with full back

wages and all consequential reliefs.

2.

Brief relevant facts to comprehend the dispute are that the

petitioner was enrolled with the Border Security Force at BSF STC

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Bangalore and after his enrollment he completed his basic training.

Thereafter, he was posted to the unit on 18^th February, 1994. The

petitioner was thereafter, posted in `A' Coy which was deployed at

Border Out Post (BOP) Govindpur.

3. On 7^th September, 1998, the petitioner was on operation duty at

Gate No.16 of IBB fencing, which was the responsibility of `A' Coy. The

duty schedule of `A' Coy was from 0600 hours to 1200 hours.

4. At about 0945 hours on the same day, Inspector Murari Singh

came to the O.P and asked the petitioner whether six men had tried to

push through six heads of cattle towards Bangladesh from gate No.16.

According to the petitioner, he replied that the said cattle were grazing

at about 150 feet inside the Indian territory. Thereafter, the Inspector

ordered the petitioner and the Sentry at O.P duty to catch both the men

and their cattle. They were chased by the petitioner, however, they

still managed to enter the village and therefore could not be

caught.

5. According to the respondents, Inspector Murari Singh had rather

observed that few heads of cattle were going from the side of the village

Govindpur and heading towards the international border and were

about to reach Bangladesh through gate No.16. On seeing through his

binoculars, he saw that six heads of cattle with six persons were

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rushing towards gate No.16. On realizing the seriousness of the

situation, he rushed on a motorcycle to gate No.16 and noticed that 10

cattle with 10 persons were to cross the international border (IB).

Inspector Murari Singh had asked the petitioner and Ex.Lnk Durug

Singh as to how 10 cattle had crossed through Gate No.16 and were

about to cross the international border with men. However, neither the

petitioner nor the other person could give any satisfactory reply.

Inspector Murari Singh then had ordered the petitioner to catch the six

persons running away with their cattle, however, all the six persons

took their cattle to village Govindpur and thereby could not be caught.

Inspector Murari Singh thus observed that the petitioner deliberately

showed no interest in catching the escaping cattle with smugglers and

on checking the gate register, it was also realized that no entry was

made in the register of the cattle crossing the IB through gate No.16

which is a mandatory requirement as per SOP.

6. The Company Commander also made enquiries, however, no

satisfactory replies were given. Therefore, a detai