The petition challenged the decision of the IG BSF, Tripura seeking dismissal of service of the petitioner. The petition rejected the prayer for setting aside the sentence of dismissal from service. The division bench comprised of Justice Asha Menon and Justice Rajiv Sahai heard the above matter.
Brief Facts of the Case
The petitioner, posted as the constable with the Border Security Force (BSF) at the Border Outpost at Guwahati. In 2016, a board of officers conducted a surprise check of the troops of the battalion deployed at this Border Outpost. During the search, the petitioner had cash amounting to Rs. 24,600/- in his possession.
Further, the inquiry revealed that the petitioner had transferred Rs. 1 lakh each to this father and brother. Based on the findings, disciplinary proceedings were initiated against the petitioner under Rule 45 of the BSF Act. The petitioner was charged under four charges but only found guilty for the last three charges and dismissed him from service.
Arguments Before the Court
The learned counsel for the petitioner contends that throughout the trial and review proceedings, their defense had been ignored. They submitted that after rendering ten years of service, the transfer of Rs. 2 lakhs is not disproportionate to his known sources of income. No inference justifies that the petitioner had indulged in corrupt practices. Also, they contended that the punishment of dismissal from service was disproportionate to the accusation as no criminal proceedings had been initiated against the petitioner for alleged involvement in smuggling.
The opposite counsel contends that the petitioner indulged in corrupt practices. Thus, ignoring the mandate of border duties and being a threat to the nation’s security.
The Delhi High Court found no merit in the submissions made by the petitioner. The entire defense set up by the petitioner about the amount transferred and sources of income are far from convincing and rightly rejected at all stages.
“It is relevant to say that the petitioner while deployed at Border Out Post in a highly smuggling prone area was found in possession of the pecuniary resources disproportionate to his known source of income, for which, he has been tried by a competent court within the ambit of BSF Act & Rules after following prescribed procedures and after having been found guilty, awarded the sentence.”
The defense proved the corruption charges instituted against the petitioner beyond all reasonable doubt. In view of the above reasoning, no merit is found in the petition, and it stands dismissed.
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