Ex-Ct. Om Prakash vs Union Of India & Another on 29 March, 2016

2. The relevant facts, which led to the trial and conviction of the
petitioner, as noticed in the counter affidavit filed by the respondents, are
highlighted, as under: –
“On 28.7.2001, the petitioner was detailed to perform
OP duty at OP No.1 under Ramnagar BOP, jointly with Ex.Ct.
Shiv Shanker Singh of 62 Bn BSF at B.P. No.34/2-S from 0600
hrs. to 1800 hrs. While performing the O.P. duty, both the
constables allowed free pass to smugglers to smuggle the cattle
approximately 100 in number to Bangladesh.
Both constables were heard by the Commandant and
thereafter a joint Record of Evidence was ordered vide order
dated 30.7.2001 after completion of record of evidence a
decision was taken to try them jointly by a Summary Security
Force Court. The petitioner and Ex.Const. Shiv Shanker Singh
were tried jointly by a Summary Security Force Court by the
Commandant for an offence under Section 40 of BSF Act, 1968
“An omission prejudicial to good order and discipline of the
Force”. The petitioner pleaded not guilty to the charges.
However, after going through the material and evidence on
record, the court found the petitioner guilty of the charge and
awarded sentence to be dismissed from service with effect from
11.8.2001. Summary Security Force Court proceedings were

W.P.(C) 23111/2005 Page 2 of 11
forwarded to Law Officer Grade-I Ftr. HQ. SB Vide letter
dated 14.8.2001 and were received after counter signature by
DIG SHQ BSF KNR vide their letter dated 28.1.2002 and were
sent to Chief Law Officer, FHQ BSF, New Delhi for record.
The petitioner joined the BN HQ at Roshanbagh (WB) on
29.6.01, after which he underwent pre-induction training about
the modus operandi of smugglers and about taking the counter
measures. He was deployed on the border after area
familiarization, and before assigning the duty the petitioner was
briefed by officiating Coy Commander Subedar Jaswant
Kumar.”

Source: Indian Kanoon

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