HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Civil Writ Petition No. 6477 / 2018
Indraj Singh S/o Balbir Singh, Aged About 49 Years, R/o Village
Khudu Ka Baas, Post Khudu, Via Mandawa, P.S. Mandawa, Dist.-
Jhunjhunu (Rajasthan). (Presently Lodged At Central Jail Bikaner)
1. Union of India, Through Secretary, Ministry of Home Affairs,
North Block, Central Secretariat, New Delhi-110001.
2. Director General, BSF HQ, Block No. 10, CGO Complex, Lodhi
Road, New Delhi, Delhi 110003
3. Inspector General, Frontier HQ BSF, Mandore Road, Jodhpur
4. Dy Inspector General, SQF BSF Bikaner.
For Petitioner(s) : Mr. Arvind Kumar S/o. petitioner
For Respondent(s) : Mr. Sahil Sharma, DC (Law), BSF
HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
1. The lawyers are not working due to abstention from
2. The petitioner has preferred this writ petition for the
following reliefs :-
(a) by an appropriate writ, order or direction, the order dated
15.02.2018 passed by the respondent authority may be quashed
and set aside.
(b) by an appropriate writ, order or direction, the respondent
Authorities may be directed to remand back the petitioner on his
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(c) Any other appropriate order or direction which the Hon`ble
Court deems just and proper in the peculiar facts and
circumstances of the case may be passed in favour of the
(d) Costs of the writ petition may kindly awarded to the
3. The facts as noticed by this Court are that
No.838660127 Ex-Head Constable Indraj Singh of SHQ BSF,
Bikaner was tried by General Security Force Court (GSFC) vide
order dated 15.2.2018 (Annex.2) for offence under Sections 40
and 46 of BSF Act, 1968 for an act prejudicial to good order and
discipline of Force and for using criminal force to a woman
intending to outrage her modesty punishable under Section 354
IPC. The petitioner was found guilty in GSFC trial proceedings,
which culminated into conviction of the petitioner with punishment
of dismissal from service and one year’s rigorous imprisonment.
The petitioner preferred a statutory petition against GSFC order,
which has been dismissed by the competent authority i.e. the
Director General, BSF on 25.5.2018.
4. Mr. Sahil Sharma, Deputy Commandant (Law), BSF,
Officer Incharge of case is present in Court and has shown order
dated 25.5.2018, concluding portion whereof reads as follows :
“That, during his 28 years of unblemished service, he has
earned 27 rewards. He has completed all the tasks assigned to
him with full responsibility which was not taken into
consideration and he has been punished. He is having
marriageable son and daughter and the responsibility to look
after his brother’s family also.
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The perusal of GSFC trial proceedings reveals that before
deciding the quantum of punishment, the Court has on record the
previous convictions, character and rewards etc., of petitioner
(Exhibit-‘V’) through a witness. The offence U/s.46 of the BSF
Act of which he is convicted carries punishment upto 07 years
imprisonment. However, keeping in view the past record of the
petitioner, facts and circumstances of the case, the Court has
taken a lenient view and awarded punishment of 01 year of
rigorous imprisonment and dismissal from service only which is
lesser than the maximum punishment awarded to the petitioner is
very much commensurate with the gravity of the offence
committed by him. Hence, the contention raised by the petitioner
is without any substance.
4. As far as the service profile is concerned, as on 29.11.2017,
the date of conviction, the petitioner was 48 years and 15 days
old with 24 years, 10 months 09 days service in BSF. In past,
he has been punished summarily once U/s.26 for intoxication
and awarded 14 days RI on 25.11.2005. He has earned 27
rewards (IG-01, DIG-14 Comdt-12).
5. In view of forgoing and after careful consideration of all the
facts and circumstances of the case, DG BSF has rejected the
petition submitted by the petitioner being devoid of merit.
5. Mr. Arvind Kumar Chahar (son of the petitioner) is
present in Court as the petitioner is languishing in Central Jail,
Bikaner and sought suspension of his father’s (petitioner)
sentence as he is in custody since 29.11.2017.
6. The Officer Incharge vehemently opposed the relief
claimed by the petitioner regarding suspension of sentence by
making submission that its a disciplined Force and any kind of
leniency towards offenders, specially, convicted under the charge
of moral turpitude has to be viewed seriously. He further
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contended that if such offender is set free, morale of ladies
working in BSF will be adversely affected and there will be a
major set-back to the drive in the ongoing recruitment process
encouraging women to join BSF.
7. This Court has heard both the petitioner’s son and the
Officer Incharge. However, while making limited adjudication on
the issue of suspension of sentence of one year’s rigorous
imprisonment awarded by Dy. IG, SHO, BSF, Bikaner vide
order dated 15.2.2018 (Annex.2), this Court finds that the
petitioner is a 48 years old man and has put in 24 years, 10
months and 09 days service in BSF. This Court has also noted
that the petitioner earned 27 rewards in his service and once
was punished for intoxication on 25.11.2005. Thus, without
making any observation on merits of case, while admitting this
petition for final hearing, this Court allows the stay petition.
8. The petitioner who is in custody of BSF since
29.11.2017 and then has been sent to Central Jail, Bikaner from
15.2.2018 shall be released from jail concerned forthwith
provided he executes two sureties in the sum of Rs.25,000/-
each and a personal-bond in the sum of Rs.50,000/- to the
satisfaction of Superintendent, Central Jail, Bikaner.
9. This order shall be complied forthwith by the
respondents as well as the Superintendent, Central Jail, Bikaner
after completion of necessary formalities. It is made clear that
this order on suspension of sentence shall not prejudice case on
merits on either side.
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10. While disposing of stay petition, the order dated
25.5.2018 passed in statutory petition is served on petitioner’s
son in Court by the Dy. Commandant (Law), BSF and a copy of
order dated 25.5.2018 passed in that petition has been taken on
(DR. PUSHPENDRA SINGH BHATI)J.