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"As already mentioned, as per Rule 52 of Border Security Force Rules the present Commandant Shri V.S. Sirohi as DIG/Commandant complied with all the formalities and applied his mind on the recording of evidence before forwarding it to the next higher authority."

3. On 29.10.1990 the petitioner made a representation to DIG, which is as under :

"It is submitted that my statement was finished on 25th Oct., 90 and I had requested for 5 days to produce all the witnesses except Shri GPS Dhillon, Comdt. R/C S.K. Chaudhary and Shri Pramod. I had requested to call these three witnesses departmentaly. Total 8 defense witnesses were to be produced out of above, statement of one witness named ASI/LDC Jagbir Singh of Adm. was recorded on 25th. The statement of Sh. Surender Kr. Jha was not recorded being irrelevant as told by the RO on 26th though he had came on 25th. One witness Shri J.N. Jha had also come on 27th timely but his statement was also not recorded being irrelevant, other 3 witnesses names Shri Tirpit Jha F/o R/ C Santosh Kr. Jha, Shri Naresh Jha, F/o R/C Bhawesh Kr. Jha and Shri Ravendra Nath Jha have also come but their statements were not recorded by the RO and has intimated me on my request that he had already closed ROE on 26th Oct., 90 and further no statement can be recorded. On 25th Oct. I was not informed that defense witnesses called within 5 days will not be accepted and as such I have called all the witnesses.
In view of above, it is requested that the statement of all the 3 witnesses may kindly be allowed to be got recorded otherwise they will be sent back by 30th Oct., 90 to their respective please."

4. On 5.11.1990 the petitioner made a representation to the Inspector General, Border Security Force which reads as under :

"It is submitted that a ROE ordered against me by the DIG & Comdt. TC&S , H/Bagh allegedly for accepting Rs. 6,000/- directly from R/C Bhawesh Kr. Jha and Rs. 5,000/- indirectly from R/C Santosh Kr. Jha for their recruitment in the BSF was held from 7 Sept., 90 to 25th Oct., '90. After my statement on 25th, I was asked by the Recording Officer to produce defense witness if any. I named 9 defense witnesses and requested for 5 days time for producing them except Shri GPS Dhillon, Comdt. Adm., R/C S.K. Chaudhary, STC H/Bagh and Shri Pramod to call them departmentaly. Two defense witnesses were present out of which the statement of one was recorded on 25th Oct. and the other when again produced on 26th Oct. for the statement same was not recorded being irrelevant as told try the Recording Officer one defense witness reported on 27th Oct. but his statement was also not recorded due to reason as a bid. On 28th Oct. two more defense witnesses, the parents of recruits constable Bhawesh Kr. Jha and Santosh Kr. Jha also reached and one remaining defense witness reported on 29th morning but no statement of any defense witness was recorded and when I requested to Recording Officer on 29th Oct. morning about the arrival of the defense witness, he informed me that he had already closed the ROE on 26th Oct. '90 and as such no further statement could be recorded. However he did not inform me on 25th Oct. that no time could be given when I had requested him for 5 days time to call and produce all the witnesses though all the witness were made available within 3 days only. Had he informed me on 25th that no time could be given, I would have not called them for their statement.

57. Therefore, P.W. 13 was aware of the facts that when the petitioner alleged to have met after 0930 hrs. on the 17th of July, 1990. Yet, according to him when he asked Mr. M.S. Arya to record evidence he did not inform anything about the matter. According to P.W. 13 he did not think that he would be an important witness in the case. The witness had sent for Mr. G.S. Dhillon also. P.W. 13 would narrate the events in the following way:

"After about 5 minutes, the accused came to me with tears in his eyes and stood to the right of my table. The accused told me that he would tell the truth if I could give him assurance not to take any action against him. I told the accused that I could not give him any assurance without knowing the facts. The accused started weeping and then told me that he would narrate the whole happenings. The accused told, me that while he was on leave, one boy contacted him for his recruitment in BSF. The accused further told me that he had talked to Mr. G.P.S. Dhillon, Presiding Officer of the Recruitment Board, about the recruitment of said boy. The accused further told me that Mr. GPS Dhillon had given his concurrence to him for the recruitment of said boy. The accused also told me that thereafter, said candidate namely Bhavesh Kumar was recruited in the BSF. The accused further told me that he had received Rs. 6,000/- from Constable Bhavesh Kumar after his arrival at Hazaribagh for training. The accused also told me that out of Rs. 6,000/-, he had given Rs. 5,000/-. The accused admitted before me that he had also received Rs. 4,000/- from Const Bhavesh Kumar before his recruitment in BSF. Then I asked the accused that would he be ready to say the same thing before Mr. GPS Dhillon, Commandant, if he would be called there. The accused told me that he was ready to say so even in presence of Mr. GP S Dhillon, Commandant. Then I had asked Mr. GPS Dhillon, on intercom to immediately come to my office. After his arrival, I made the accused and Mr. Dhillon to sit, in front of me. Then I told the accused to say before Mr. GPS Dhillon, the same thing which he was telling me earlier about him. The accused told Mr. GPS Dhillon that he (the accused) had given him Rs. 5,000/, while he (Mr. GPS Dhillon) was sitting in his office. Mr. GPS Dhillon denied having received any money from the accused. Then the accused further clarified to Mr. GPS Dhillon that he had given him Rs. 5,000/- in an envelope. Mr. GPS Dhillon, even then denied of having received any amount from the accused. But I noticed that when the accused had told Mr. GPS Dhillon that he had received said amount from him, Mr. GPS Dhillon had started fumbling. I told Mr. GPS Dhillon that he should be ashamed of himself as his subordinate was telling those things on his face."

According to Mr. B.S. Garcha (PW-13), on 17th July, 90, at about 0930 hrs, the accused came to his office with tears in his eyes and stood to the right of his table. The accused told him that he would tell the truth if he could give assurance for not taking any action against the accused. He has further stated that he fold the accused that he could not give any assurance without knowing the facts. On that the accused started weeping and then narrated before him the whole happenings. He has further stated that the accused told him that while he was on leave one boy contacted him for his recruitment in BSF. The accused further told him that he had talked to Mr. GPS Dhillon (DW-4), the Presiding Officer of the Recruitment Board about recruitment of said boy, who had also given his concurrence. Pw-13 has further stated that the accused also told him that the said candidate namely Bhavesh Kumar was recruited in BSF. The accused further told him that he had received Rs. 6,000/- from Constable Bhavesh Kumar after his arrival at Hazaribagh for training. The accused further told him that out of Rs. 6,000/-, he had given Rs. 5,000/- to Mr. GPS Dhillon (DW-4) and retained Rs. 1,000/- with him. The witness has further stated that when he asked the accused, if he was speaking the truth, the accused replied in the affirmative. He has further stated that then he asked the accused had he not received Rs. 4,000/- from said Constable prior to his recruitment, in addition to Rs. 6,000/- and the accused admitted before him that he had also received Rs. 4,000/- from Ct Bhavesh Kumar Jha before his recruitment in BSF. He has further stated that he called Mr. G.P.S. Dhillon (DW-4) in his office and confronted him to the accused, but Mr. G.P.S. Dhillon denied of having received any amount from the accused.