Raising a number of companytentions he filed a writ petition in the High Court of New Delhi marked as CWP 999/1992.
90401117 Recruit Constable Bhavesh Kumar Jha under training at Subsidiary Training Centre, Border Security Force, Hazaribagh for procuring his enrolment in the Border security Force.
1,000.
Please find enclosed herewith photostat companyies of Commandant STC BSF HAZARIBAGH letter No.
In the trial held by the General Security Force Court, the respondent was found guilty of the said charges and by an order dated 27.2.1992 he had been sentenced to dismissal from service.
Centre School Hazaribagh Bihar 4th Sept. 1990 To Shri M.S. Arya, Commandant BTC TCS Hazaribagh.
working under your companytrol immediately.
Sd S. ARYA COMMANDANT Place Meru, Hazaribagh Date 7th September, 1990 I have heard the officer and he pleads Not guilty.
The Unit Commandant of TCS happened to be one Mr. B.S. Garcha.
On 16.7.1990 one Mr. Raj Singh, Deputy Commandant reported to Commandant, Mr. J.S. Bakshi that the said B.K. Jha had stated in presence of one Mr. G.S. Rana that he had brought out a sum of Rs.
Mr. Garcha on or about 4.9.1990 asked Mr. M.S. Arya, Commandant, BTC to initiate disciplinary proceedings against him.
BSF Act INDIRECTLY ACCEPTING GRATIFICATION SEC.41 e AS A REWARD FOR PROCURING ENROLMENT In that he, at Border Security Force Campus, Meru Hazaribagh in the second week of July 1990 accepted Rupees 6,000 Rupees six thousand only from No.
Allegedly, he gave out that the respondent had accepted a sum of Rs.
90401117 Recruit Constable Bhavesh Kumar Jha under training at Subsidiary Training Centre, Border Security Force, Hazaribagh for procuring his enrolment in the Border Security Force.
One Constable of the Administrative Wing allegedly came to him to companylect money for the respondent and he had paid a further sum of Rs.
The said letter dated 4.9.1990 reads thus CONFIDENTIAL DIG Disc/90/BSF No.
Bhabesh Kumar and Santosh Kumar Jha, recruited from Madhubani Bihar for your information.
Mr. Garcha allegedly examined the said two persons as also the respondent.
7.9.90 A proceeding for recording of evidence against the respondent thereupon was initiated.
1700 was said to have been stolen from the said K. Jha.
07/SECR/90/Sub 47 Border Security Force Trg.
STC Dis/2156 dated 17th July, 1990 and STC Dis/90 dated 18th July, 1990 regarding the acceptance of illegal gratification by Shri B.N. Jha, Dy.
5,000 for his recruitment.
in Punjab but he was re transferred to TCS Hazaribagh in August, 1991 for the purpose of facing his trial by General Security Force Court.
Mr. Garcha asked Mr. Bakshi to inquire into the matter further who thereupon submitted his report by way of a letter.
He was thereafter posted in ETC.
Remanded for preparation of Record of evidence.
7,000 for his recruitment but he in fact paid a sum of Rs.
Sd Comdt.
5,000 to the respondent a week prior to the date of offence.
Sd S. GARCHA DIG COMMANDANT Copy to Shri J.S. Bakshi, Commandant STC BSF, Hazaribagh for information please.
Sub Acceptance of Illegal Gratification by Shri B.N. Jha, Dy.
The respondent thereafter was transferred to 127 Bn.
The appellant herein preferred an appeal before the Division Bench and by reason of the impugned judgment the same was dismissed.
He is requested to produce the witnesses and the Cassettes companytaining tape recorded statements of the reacts in question, as and when required by Shri S. Arya, Comdt.
Mr. J.S. Bakshi at about 0930 hours on 17.7.1990 informed Mr. Garcha that the respondent came to his office and apologized for having taken the money.
The respondent herein was a Deputy Commandant in the TCS.
He raised an objection about the validity of the proceeding but the same was rejected.
On 7.9.1990 a charge sheet was drawn up against the respondent in the following terms The accused IRLA No.
On 17.7.1990 a sum of Rs.
In or about July, 1990 the respondent was accused of having received gratification from two persons, namely, B.K. Jha and Santosh Kumar Jha for procuring their recruitment as companystables in the BSF which was discovered in the following circumstances.
from R Cts.
Sd S. GARCHA DIG COMMANDANT Mr. M.S. Arya was posted as a Commandant but an issue has been raised as to whether BTC was an independent Unit.
8,500 from his house out of which he was, as per instruction of his father, to pay a sum of Rs.
Comdt.
Comdt.
2199, Shri Birender Narayan Jha, Deputy Commandant, Basic Training Centre, Border Security Force, Training Centre and School, Hazaribagh is charged with BSF Act DIRECTLY ACCEPTING GRATIFICATION SEC.41 a AS A REWARD FOR PROCURING ENROLMENT In that he, at Border Security Force Campus, Meru Hazaribagh in the second week of July 1990 accepted Rupees 6,000 Rupees six thousand only from No.
An alleged companyfession about the companymission of the offence is said to have been made before him by the respondent herein.
BTC for Enrolment of R CTs Bhabesh Kumar and Santosh Kumar Jha in the BSF.
You are, therefore requested to kindly initiate disciplinary action against Shri B.N. Jha, Dy.
It was further held that a very valuable right of the respondent in the form of protection from bias had been denied to him.
