From Yahoo
New Delhi, Apr 8 (PTI) The Delhi High Court today upheld the dismissal of a BSF constable from the force for creating ruckus and assaulting a colleague after consuming liquor.
A division bench of Justices Pradeep Nandrajog and Suresh Kait rejected the petition of Jandel Singh who claimed he was provided "spiked" beer by one of his friends and sought his reinstatement.
The court said though Singh took the plea of being intoxicated but "tried to shift the blame on his friend whose existence has remained a mystery."
The BSF, following an inquiry, ordered the dismissal of Singh on the allegations that he, during his posting at Pokaran, created a scene at work place.
"He, on January 15, 1995, was found creating a nuisance in front of civilians in a state of intoxication and when brought to the barracks he assaulted sentry Puran Mal who was on duty and damaged the telephone of GD office by kicking it," the charge sheet filed by the force said.
Dsciplinary proceedings had started against him on January 17, 1995 and later he was dismissed from service which was approved by the Confirming Authority that is the Deputy Inspector General BSF.
Singh approached the High Court after his appeal against dismissal was rejected by the superior authority in the BSF.
Upholding the BSF''s decision, the High Court also rejected his plea that the prosecution witnesses failed to give the exact time of the incident.
"Witnesses recollect time by rough approximations and not as if a clock in their body has recorded the exact time which is being narrated at a subsequent stage. Trivial differences with respect to time would not make a case to label the same as discrepancies," it said.
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