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Rajasthan High Court - Jodhpur

Sukh Ram Sunda vs Union Of India & Ors on 7 October, 2009

Author: Prakash Tatia

Bench: Prakash Tatia

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                                       S.B. Civil Writ Petition No.8961/2009
                                 Sukh Ram Sunda. vs. Union of India & Ors.



         S.B. Civil Writ Petition No.8961/2009
                       Sukh Ram Sunda.
                                 vs.
                     Union of India & Ors.

Date : 7.10.2009

               HON'BLE MR. PRAKASH TATIA, J.

Mr.SK Malik, for the petitioner.

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Heard learned counsel for the petitioner.

The petitioner was charged for attempting to commit suicide and thereafter, departmental proceedings were taken and witnesses were examined and then the petitioner was punished vide order dated 15.9.2008. The petitioner was held guilty of charge and he has been sentenced to be dismissed from service vide Annex.P/7. The petitioner preferred statutory appeal, copy of which has been placed on record as Annex.8. The petitioner's appeal was dismissed by detailed order dated 1.4.2009. Before deciding the appeal, points were formulated by the appellate authority and the 2 S.B. Civil Writ Petition No.8961/2009 Sukh Ram Sunda. vs. Union of India & Ors.

pleas were considered including the plea of the petitioner that Rule 45 of the BSF Rules was not complied with. Hence, this writ petition.

Learned counsel for the petitioner submitted that it was a case of no evidence as well as it is a case of gross violation of principles of natural justice and the proceedings are vitiated because of the violation of Rule 45 of the BSF Rules.

I considered the submissions of the learned counsel for the petitioner and perused even the statement of the witnesses referred by the petitioner namely, PW1 Anil Kumar and PW4 Shamsher Singh.

It appears that PW1 Anil Kumar gave a positive statement stating that the petitioner attempted to commit suicide and that stand is corroborated by the evidence of PW4 Shamsher Singh. It cannot be said that it is a case of no evidence. Even in defence, the petitioner admitted that there was a fire from LMG which he was carrying but his defence is that it was an accidental mis-fire.

S.B. Civil Writ Petition No.8961/2009 Sukh Ram Sunda. vs. Union of India & Ors.

In view of the above reasons, no illegality is found in the impugned original order as well as the appellate order.

Consequently, this writ petition, having no merits, is hereby dismissed.

(PRAKASH TATIA), J.

S.Phophaliya