He was dismissed from service for allowing 15 cattle to be smuggled into the country from Bangaldesh
The Delhi High Court has dismissed the plea of a former Border Security Force (BSF) jawan who was dismissed from service for allowing 15 cattle to be smuggled into the country from Bangladesh.
A Bench of Justices S. Muralidhar and Sanjeev Narula took a serious view of the action of Krishan Kumar Dubey who not only allowed the cattle to be smuggled but also fired from his personal weapon towards an ambush party who caught hold of the cattle.
The petitioner joined the BSF as a constable in 1990. The incident took place when he was serving at the Border Outpost (BOP) between West Bengal and Bangladesh on August 31, 2004.
The precise charge against him was that while he was deputed at BOP Matiyari and was detailed for On Post (OP) duty on August 31, 2004, he had allowed some cattle heads to cross from India to Bangladesh by giving safe passage to smugglers.
A special ambush party laid by Sub Inspector Dharma Singh managed to catch hold of 15 such cattle heads ahead of fencing. At that point of time, in order to cover his lapse, Mr. Dubey fired five rounds from his personal weapon towards the special ambush party.
Later, a Summary Security Force Court (SSFC) dismissed him from service. Mr. Dubey challenged the order of the SSFC before the High Court in 2006.
“Being at the BOP, which is a sensitive post, it was an extremely serious matter that the petitioner allowed 15 cattle heads to cross over and after it was detected by the ambush party, he fired 5 rounds from his personal weapon towards the special ambush party to cover his lapse,” the High Court noted.
“In the circumstances, the court is unable to agree that the punishment awarded to the petitioner is disproportionate to the act for which he was charged and pleaded guilty,” the Bench said, dismissing the plea.
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