{"id":196191,"date":"2011-04-25T00:00:00","date_gmt":"2011-04-24T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/dhirendra-kumar-singh-vs-uoi-ors-on-25-april-2011"},"modified":"2015-04-18T04:54:11","modified_gmt":"2015-04-17T23:24:11","slug":"dhirendra-kumar-singh-vs-uoi-ors-on-25-april-2011","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/dhirendra-kumar-singh-vs-uoi-ors-on-25-april-2011","title":{"rendered":"Dhirendra Kumar Singh vs Uoi & Ors. on 25 April, 2011"},"content":{"rendered":"
Delhi High Court<\/div>\n
Dhirendra Kumar Singh vs Uoi & Ors. on 25 April, 2011<\/div>\n
Author: Pradeep Nandrajog<\/div>\n
*       IN THE HIGH COURT OF DELHI AT NEW DELHI\n\n%                                     Date of Decision: 25th April, 2011\n\n+                          W.P.(C) 4379\/2007\n\n        DHIRENDRA KUMAR SINGH            ..... Petitioner\n                Through: Mr.Arvind Kumar Tiwary, Advocate\n\n                                      versus\n\n        UOI & ORS.                                   .....Respondents<\/pre>\n
                  Through:            Mr.Anuj Aggarwal, Advocate with
\n                                      Mr.Gaurav Khanna, Advocate<\/p>\n
        CORAM:\n<\/p>\n
        HON’BLE MR. JUSTICE PRADEEP NANDRAJOG
\n        HON’BLE MR. JUSTICE INDERMEET KAUR<\/p>\n
     1. Whether the Reporters of local papers may be allowed
\n        to see the judgment?\n<\/p>\n
     2. To be referred to Reporter or not?\n<\/p>\n
     3. Whether the judgment should be reported in the Digest?
\nPRADEEP NANDRAJOG, J.(Oral)\n<\/p>\n
1.           Vide      order    dated      14.11.2007    the   Disciplinary
\nAuthority i.e. the Commandant of the Unit, after petitioner\u201fs
\ntrial at a Summary Security Force Court inflicted the penalty of
\ndismissal from service and the appeal filed has been turned
\ndown vide order dated 14.12.2007; both orders being under
\nchallenge.\n<\/p>\n
2.           On receipt of a complaint that on 18.10.2006
\nhaving      quarreled          with      HC    K.S.Pandian     when          HC
\nK.T.Bezgamwar was required to intervene and report the
\nmatter to the          Coy.Commander,          petitioner    assaulted       HC
\nK.S.Pandian and caused an injury to HC K.T.Bezgamwar, the
\nofficiating commandant i.e. the Deputy Commandant of the<\/p>\n
W.P.(C) No.4379\/2007                                           Page 1 of 9<\/span>
\n Unit held proceedings under Rule 45 of the BSF Rules 1969
\nand finding a case for recording evidence, drew up a charge as
\nunder:-\n<\/p>\n
                         “CHARGE SHEET<\/p>\n
      The accused No.99002667 Const.Dhrendra Kumar
\n      Singh \u201eC\u201f Coy.93 Bn.BSF is charged with:\n<\/p><\/blockquote>\n
      BSF Act-1968
\n      Section-20(a)
\n      ASSAULTING HIS SUPERIOR OFFICER<\/p>\n
      In that he,<\/p>\n
      At about 1915 hrs on 18\/10\/06 at BOP Churakhori
\n      assaulted No.88009708 HC K S Fandian and
\n      No.76102034 HC K.T.Bezgamwar and injured them.\n<\/p><\/blockquote>\n
      BSF Act-1868
\n      Section 21(2)<\/p>\n
      DISOBEYING A LAWFUL COMMAND GIVEN BY HIS
\n      SUPERIOR OFFICER<\/p>\n
      In that he,<\/p>\n
      At about 1600 hrs on 18\/10\/06 at BOP Churakhori he
\n      denied to perform the duty when order by Platoon HC
\n      No.95262001 HC Vijay Singh.\n<\/p><\/blockquote>\n
      BSF Act-1968
\n      Section-26
\n      INTOXICATION<\/p>\n
      In that he,
\n      At about 1600 hrs on 18\/10\/06, BOP Churakhori
\n      found in a state of intoxication.”\n<\/p><\/blockquote>\n
3.          It   was   directed   that   Assistant   Commandant
\nR.S.Rangra would record the evidence at the stage of \u201eRecord
\nof Evidence\u201f but realizing that the petitioner was directly under<\/p>\n
W.P.(C) No.4379\/2007                                  Page 2 of 9<\/span>
\n Assistant    Commandant          R.S.Rangra      who     was    the     Post
\nCommander,       it    was     directed   that   Deputy    Commandant
\nD.S.Rawat would conduct the proceedings pertaining to
\n\u201eRecord of Evidence\u201f.\n<\/p>\n
4.          Brought before Deputy Commandant D.S.Rawat,
\nthe record shows that the petitioner was given full opportunity
\nto cross-examine all witnesses who were examined.\n<\/p>\n
5.          7 witnesses were examined at the Record of
\nEvidence;     being       HC     K.S.Pandian,       HC   K.T.Bezgamwar,
\nCt.Bangan Gouda, HC Vijay Singh, Assistant Commandant
\nRanjit Singh, Dr.Jagdev Singh CMO and SI R.K.Sharma and
\nsuffice would it be to note that Dr.Jagdev Singh deposed
\nhaving examined the petitioner on 4.7.2006 at about 21:25
\nhours and having found petitioner under influence of alcohol.\n<\/p>\n
6.          HC K.S.Pandian deposed of having seen petitioner
\ndrink and picking up a quarrel with him and when HC
\nK.T.Bezgamwar intervened and contacted the senior officer
\nover the telephone, angered by the senior officer being
\ninformed, petitioner assaulting HC K.T.Bezgamwar and injuring
\nhim in the right eye.\n<\/p>\n
7.          HC         K.T.Bezgamwar,       fully    corroborated            HC
\nK.S.Pandian and deposed that petitioner assaulted him after
\nhe contacted the Post Commander to inform petitioner being
\ndrunk and quarreling with HC K.S.Pandian. Ct.Bangan Gouda
\ncorroborated the previous two witnesses and so did HC Vijay
\nSingh.      Assistant Commandant Ranjit Singh deposed of
\nreceiving telephonic information from HC K.T.Bezgamwar of
\npetitioner being drunk and quarrelling with HC K.S.Pandian and
\nthereafter receiving information of petitioner having assaulted<\/p>\n
W.P.(C) No.4379\/2007                                           Page 3 of 9<\/span>
\n HC K.T.Bezgamwar having the grouse of being the informant of
\nthe incident.      SI R.K.Sharma was a witness to the character
\nand with respect to the service record of the petitioner proved
\n3 penalties being levied in the past upon the petitioner who
\nhad rendered 7 years\u201f service till then.\n<\/p>\n
8.            We must note that petitioner was given full
\nopportunity to cross-examine all the witnesses and we must
\nhighlight that while cross-examining the witnesses no line of
\ndefence was taken that it was the petitioner who picked up the
\ntelephone to contact the Post Commander and when HC
\nK.T.Bezgamwar tried to snatch the telephone from the
\npetitioner, during jostling, HC K.T.Bezgamwar got injured in the
\neye.     Relevant would it be to note that the line of cross-
\nexamination adopted qua HC K.T.Bezgamwar was that when
\nhe     i.e.   HC   K.T.Bezgamwar    was   speaking   to     the    Post
\nCommander, petitioner had tried to snatch the telephone
\nreceiver and in the process HC K.T.Bezgamwar got injured.\n<\/p>\n
9.            At the Record of Evidence after the 7 witnesses
\nwere     examined      and   cross-examined, petitioner      made       a
\ndefence statement as under:-\n<\/p>\n
                       STATEMENT OF ACCUSED<\/p>\n
        I, No.99002667 CT Dhirendra Kumar states that:-\n<\/p><\/blockquote>\n
        At about 1645 hrs on 18\/10\/06 I took 2peg Rum from HC
\n        K.S.Pandian we both consumed the liquor then we took
\n        dinner together we both were detailed for 1 st ACP duty.
\n        After taking meal HC K.S.Pandian slept on his bed.
\n        Post.Cmdr. HC Vijay Singh told me to wake up HC
\n        K.S.Pandian. When I went to wake up HC Pandian he told
\n        me who are you to wake up me let me sleep. I told HC
\n        Vijay Singh that HC K.S.Pandian is abusing me and he is
\n        not ready for the duty. HC Vijay Singh told me that both
\n        of you may rest you will go in 2nd ACP. Then HC
\nW.P.(C) No.4379\/2007                                      Page 4 of 9<\/span>
\n       K.S.Pandian asked me in loud voice whey you have woke
\n      up me. Thus we started talking in loud voice other
\n      person of the Barrack told us to not to make noise in the
\n      Barrack, so we came out in open we were talking in loud
\n      voice only. Then HC K.T.Bezgamwar came and reported
\n      the matter to Coy Comdr.HC K.S.Pandian told me to stop
\n      HC Bezgamwar from reporting against us. It went to HC
\n      K.T.Bezgamwar I told him to not to report but he reported
\n      the matter. Then I took the telephone to take to Coy
\n      Comdr but he stopped me and pushed me away from the
\n      telephone and tried to snatch telephone handset from
\n      me. In that hustle-bustle HC K.T.Bezgamwar got injury in
\n      his right eye. I never hit him with boxing but I do not
\n      know how he got the injury. HC K.T.Bezgamwar shouted
\n      that \u201emeri aankh main mar diya” then sentry reached
\n      there. HC K.S.Pandian also came there and started to
\n      call others that CT D.K.Singh has beaten HC
\n      K.T.Bezgamwar and save him.\n<\/p><\/blockquote>\n
      HC K.S.Pandian told me that you have injured the old
\n      man. Then I went to HC K.T.Bezgamwar and apologized
\n      and asked him to forgive me but he did not listen to me
\n      and told that I have reported the matter to Coy Cmdr.
\n      HC K.S.Pandian came to me and told why you has injured
\n      the old man and started to quarrel with me I hit him with
\n      boxing. He ran away fell on the ground and got injuries.
\n      He went towards the fire-fighting print and took the Pick-
\n      axe I tried to snatch Pic-axe from hi. When I snatched
\n      Pic-axe from him he got injury on is head due to wooden
\n      handle. Then I went out side the gate and I was waiting
\n      for Coy Comdr. Coy Comdr. reached there I wished him
\n      and told that I have consumed 2 peg liquor due to which
\n      the incident has happened I am standing out side the
\n      gate because I am afraid of HC K.S.Pandian, I have
\n      consumed the liquor for which you can punish me. If was
\n      the more Practicein Chura Khuri BOP. No body from the
\n      post was ready to perform duty with HC K.S.Pandian.
\n      Normally I was detailed with him for duty. He used to
\n      consuming liquor in the ACP. So many time I have
\n      requested the post Comdr. to not to put me on duty with
\n      HC K.S.Pandian.\n<\/p><\/blockquote>\n
      The above statement is read over to the accused in the
\n      language he understands and signs it as correct.”\n<\/p><\/blockquote>\n
W.P.(C) No.4379\/2007                                Page 5 of 9<\/span><\/p>\n
 10.         The Record of Evidence was placed before the
\nCommandant as per the requirement of Rule 51.     A formal
\ncharge sheet was thereupon drawn dropping the third charge
\non which the Record of Evidence was drawn i.e. the charge
\nsheet at which trial was held being the charge sheet dated
\n10.11.2006 lists only two charges as under:-\n<\/p>\n
                       “CHARGE SHEET-I
\n                         APPENDIX-IV
\n                         [Rule 52(2)]
\n      The accused No.99002667 Const.Dhrendra Kumar
\n      Singh \u201eC\u201f Coy.93 Bn.BSF is charged with:\n<\/p><\/blockquote>\n
      BSF Act-1968
\n      Section-20(a)
\n      ASSAULTING HIS SUPERIOR OFFICER<\/p>\n
      In that he,<\/p>\n
      At about 1915 hrs on 18\/10\/06 at BOP Churakhori
\n      assaulted No.88009708 HC K S Fandian and
\n      No.76102034 HC K.T.Bezgamwar and injured them.\n<\/p><\/blockquote>\n
      BSF Act-1868
\n      Section 21(2)<\/p>\n
      DISOBEYING A LAWFUL COMMAND GIVEN BY HIS
\n      SUPERIOR OFFICER<\/p>\n
      In that he,<\/p>\n
      At about 1600 hrs on 18\/10\/06 at BOP Churakhori he
\n      denied to perform the duty when order by Platoon HC
\n      No.95262001 HC Vijay Singh.”\n<\/p><\/blockquote>\n
W.P.(C) No.4379\/2007                           Page 6 of 9<\/span><\/p>\n
 11.          As per law, the Commandant had to preside over
\nthe Summary Security Force Court and when brought before
\nthe Commandant and charge(s) read out, the petitioner
\npleaded guilty, as to be found in the original record produced.\n<\/p>\n
12.          Noting that the petitioner had assaulted a superior
\nofficer and disobeyed orders of a superior officer; considering
\nthe past record, penalty of dismissal from service has been
\ninflicted.\n<\/p>\n
13.          It is urged by learned counsel for the petitioner that
\nthe Commandant could not have changed the officer who had
\nto record the Record of Evidence and thus urges that since the
\ntrial of the petitioner was predicated at the evidence recorded
\nat the Record of Evidence, the trial is vitiated.\n<\/p>\n
14.          The argument is rejected for the simple reason no
\nRule prohibits the Commandant to replace the officer who has
\nbeen nominated to conduct proceedings pertaining to Record
\nof Evidence. The justification of the respondents to change the
\nofficer to conduct the Record of Evidence is sound.         Indeed,
\nAssistant Commandant R.S.Rangra was the Post Commander
\nof the petitioner and lest petitioner alleged a bias on account
\nof his having personal knowledge of the incident, there is good
\njustification to replace him and direct Record of Evidence to be
\nprepared     by   another   officer   i.e.   Deputy   Commandant
\nD.S.Rawat.\n<\/p>\n
15.          The second plea urged is that during Record of
\nEvidence the petitioner was declined an opportunity to
\nproduce defence witnesses is negated for the simple reason
\nwe do not find any such request being ever made.            On the
\ncontrary after 7 witnesses of the prosecution were examined,<\/p>\n
W.P.(C) No.4379\/2007                                   Page 7 of 9<\/span>
\n on 2.11.2006, under the signatures of the petitioner it stands
\nclearly recorded that with reference to the provisions of Rule
\n48 petitioner was asked whether he wished to call any witness
\nto which the petitioner answered: \u201eNo. I do not wish to call any
\nwitnesses.\u201f That apart, neither in the writ petition nor during
\narguments has any name been disclosed as the ones whom
\npetitioner desired to be examined as his witnesses.\n<\/p>\n
16.           It   is   then   urged    that   Assistant   Commandant
\nV.L.Joshi was thrust upon the petitioner to act as his friend at
\nthe trial.\n<\/p>\n
17.           Record shows that an opportunity was given to the
\npetitioner before the trial commenced, to nominate any
\nperson, even a legal practitioner, to defend the petitioner at
\nthe trial and on 13.11.2006, in writing, the petitioner informed
\nthat he does not desire to nominate anybody to act as the
\nfriend   of    the      accused   and    for   this   reason     Assistant
\nCommandant V.L.Joshi was suo moto nominated to act as the
\nfriend of the accused.\n<\/p>\n
18.           It is urged that the petitioner never pleaded guilty
\nand his signatures were obtained on blank papers and on
\nsome papers on which something was written in English.\n<\/p>\n
19.           The plea is not acceptable to us for the reason
\nrecord shows that Assistant Commandant V.L.Joshi was acting
\nas the friend of the accused and if no trial as alleged took
\nplace and instead petitioner was made to sign blank papers or
\nhis signatures were obtained on pre-typed pages, said officer
\nwould have certainly objected to what was happening.\n<\/p>\n
20.           Suffice would it be to state that at the stage of
\nRecord of Evidence sufficient damaging incriminating evidence<\/p>\n
W.P.(C) No.4379\/2007                                           Page 8 of 9<\/span>
\n has surfaced against the petitioner and his version in defence
\nis hardly worthy of any credence and it appears to be a case
\nwhere the petitioner thought it best to plead guilty and then
\nraised issues with respect to the plea of guilt.\n<\/p>\n
21.         Be that as it may, we prefer to go by the record
\nwhich shows that the petitioner pleaded guilty at the trial.\n<\/p>\n
22.         No other ground has been urged at the hearing and
\nthus we dismiss the writ petition noting that in his 7 years and
\n2 months\u201f service this was the 4th misdemeanour committed
\nby the petitioner and thus the penalty cannot be called
\ndisproportionate.\n<\/p>\n
23.         No costs.\n<\/p>\n
                                    (PRADEEP NANDRAJOG)
\n                                            JUDGE<\/p>\n
                                        (INDERMEET KAUR)
\n                                              JUDGE<\/p>\n
APRIL 25, 2011
\nmm<\/p>\n
W.P.(C) No.4379\/2007                                 Page 9 of 9<\/span>\n <\/p>\n","protected":false},"excerpt":{"rendered":"
Delhi High Court Dhirendra Kumar Singh vs Uoi & Ors. on 25 April, 2011 Author: Pradeep Nandrajog * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 25th April, 2011 + W.P.(C) 4379\/2007 DHIRENDRA KUMAR SINGH ….. Petitioner Through: Mr.Arvind Kumar Tiwary, Advocate versus UOI & ORS. …..Respondents Through: Mr.Anuj Aggarwal, […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[14,8],"tags":[],"class_list":["post-196191","post","type-post","status-publish","format-standard","hentry","category-delhi-high-court","category-high-court"],"yoast_head":"\nDhirendra Kumar Singh vs Uoi & Ors. on 25 April, 2011 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/dhirendra-kumar-singh-vs-uoi-ors-on-25-april-2011\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Dhirendra Kumar Singh vs Uoi & Ors. on 25 April, 2011 - 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