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3. In SWP No. 687/2012, the petitioner has done Matric and was appointed as Constable on 20.12.1980 in the Border Security Force (BSF) and allotted no.800029320and after having undergone training at BSF Training Center Hazaribagh (Bihar),he remained posted in 93 Bn. BSF C.C.Pur (Manipur) with effect from 1981 to 1982, then remained posted in 93 Bn. BSF Sooma Nagar(West Bengal) with effect from 1983 to 1986, 93 Bn. BSF Mandi Mandir Poonch (J&K) with effect from 1987 to 1989. The petitioner was promoted to the post of L/Naik on 10.5.1990. The petitioner remained posted in 93 Bn. BSF Jalalabad (Punjab) with effect from 1990 to 1992, 112 Bn. BSF Nagaland Satokha in 1992, 112 Bn. Nagaland with effect from 1993 to 1999, 112 Bn BSF Barpett (Assam) in 1999 then Pnbari (Assam) up to 2003, 112 Bn. BSF Sopore (J&K) with effect from 2003 to 2006, 112 Bn. BSF Samba(J&K) with effect from 2006 to 2009, 112 Bn. BSF Kalal(J&K)in 2009, 112 Bn. BSF Hissae (Harayana) with effect from 2009 to 2010, 112 Bn. BSF Akhnoor with effect from 2010 to 2011 and in 112 Bn BSF Mandi Mandir(J&K) with effect from July 2011 to till date. The petitioner was promoted to the post of Naik on 15.8.1992 and has qualified the Course for promotion to the post of Sub Inspector. He was selected for collective training and sent for training to Dhublia Rear Headquarter at West. After completion of training, the petitioner was further deployed at BOP Churiyantpur District Malda with effect from June 2005 to December 2005.The petitioner was promoted to the post of Head Constable on 16.7.1997. During his posting at Mandi, charge was framed against him under Section 46 of the BSF Act, 1968, however according to petitioner he was informed about these proceedings by the concerned authorities. The respondents have issued an order dated 22.1.2011 by which the respondents framed charge sheet directly under Section 46 of BSF Act, 1968 read with Section 13(e) of Prevention of Corruption Act. The allegations against the petitioner were that while deployed at BOP Sukhdevpur during October 2005 to December 2005 he remitted bank draft in favour of Mr. Afiruddin Ahmed and Mr. Farug Ahmed of the amount disproportionate to his known source of income and for which he could not satisfactorily account for.

11. In SWP No. 2456/2011, the petitioner was appointed as Constable on 15.5.1990 in the Border Security Force (BSF) and allotted no. 901935991. He underwent training at BSF Training Center C. C. Pur Manipur. Thereafter, he remained posted in 193 Bn. BSF Panwari Assam, then remained posted in 193 Bn. BSF Mawpat Shillong Meghalaya w.e.f. 1991 to 1993, 193 Bn. BSF Umpling Shillong Meghalaya with effect from 1993 to 1997, 112 Bn. BSF Nagaland with effect fi-om July 1997 to 1999(on transfer basis), 112 Bn. BSF Barpetta Assam with effect from 1999 to 2000, 112 Bn. Panwari Assam with effect from 2000 to 2003, 112 Bn BSF Sopore (Srinagar J&K) with effect from 2003 to 2006. The petitioner qualified the test for promotion to the post of Head Constable in 2004. He was selected for collective training and sent for training to Dhublia at Bengal for two months with effect from May 2005 to July 2005. After completion of training, the petitioner was further deployed at BOP Churiyantpur District Malda Bengal for five months.

16. In SWP No. 2457/2011, the petitioner was appointed as Constable on 1.4.1988 in the Border Security Force (BSF) and allotted no. 889440962. He underwent training at BSF Training Center Jodhpur Rajasthan. After undergoing training, he remained posted 37 Bn. BSF Jasalmayer Rajasthan, then remained posted in 37 Bn. BSF Meghalaya with effect from 1989 to 1993, 37 Bn. BSF Ferozpur Jalalabad (Punjab) with effect from 1993 to 1994, 37 Bn. BSF Srinagar (Nishat Bagh) with effect from 1994 to 1997, 37 Bn. BSF Shillong Meghalaya with effect from 1997 to 2000, 37 Bn. Playal Manipur with effect from 2000 to 2002, 112 Bn BSF Panbari Assam with effect from 2002 to 2003 on the basis of transfer from Bn from 37 to 112, 112 Bn BSF Sopore (Srinagar) with effect from 2003 to 2006. The petitioner was selected for collective training and sent for training to Dhululia at Bengal for two months with effect from May 2005 to July 2005. After completion of training, the petitioner was further deployed at BOP Churiyantpur District Nalanda Bengal for five months.

21. The respondents in their objections have resisted the petition .It is averred in the objections that petitioner was enrolled in BSF on 01.04.1988 as CT (GD). After serving in various BSF Units/HQrs, he joined 112 Bn BSF on 05.08.2002. It is stated that during July 2005 to Dec 2005 'G' Coy (Trg Coy) of the unit was deployed at BOP Churi Anantpur, BOP Sukhdevpur and BOP Sabdalpur as a part of Adhoc SB-2 Bn BSF on Indo Bangladesh Border under South Bengal Ftr HQ (Calcutta) and while posting there during the said period he had remitted thirteen bank drafts amounting to Rs.3,13,000/- disproportionate to his known source of income, for which the petitioner could not satisfactorily account for. A staff Court of Inquiry was ordered by SHQ BSF Indreshwar Nagar, vide order No.Estt/SHQ-IND/D- 112/09/17996-18001 dated 21.12.2009 to find out the identity of personnels of 112 Bn BSF, who were involved in remitting the bank drafts and also to find out whether such amounts were beyond their known sources of income, while their Coy were deployed under South Bengal Frontier. As per finding and opinion of the Staff Court of Inquiry, petitioner was blamed for remitting bank drafts amounting to Rs.3,13,000/- disproportionate to his known source of income and inquiry officer recommended strict disciplinary action. Thereafter, petitioner was heard by his Commandant underRule 45 of BSF Rules 1969 on charge under Section 46 of BSF Act read with section 13 (e) of Corruption Act. After hearing the charge, the Commandant ordered Record of Evidence against the petitioner u/s 46 ofBSF Act 1968 read with Section 13 (e) of Corruption Act-1988. Based on the evidence in the ROE, prima-facie case was established against petitioner. The petitioner was tried by Summary Security Force Court w.e.f.,10 September2011. The Court after considering the evidence on record found him guilty of remitting BD's amounting to Rs. 2.25 lakhs to his brother and awarded the aforesaid sentences.