BSF jawan who helped smugglers gets HC nod to seek compassion pay
Delhi HC gives constable dismissed from duty another opportunity, takes into account his socio-economic background
NEW DELHI: A former BSF jawan, who was dismissed from service for helping a smuggler sneak out 17 cattle from his area of responsibility to Bangladesh, has been given a second chance by the Delhi high court to appeal for grant of compassionate allowance.
Birender Singh, who was working as a constable with the Border Security Force (BSF), was dismissed from service for accepting ` 13,000 from a smuggler and allowing safe passage to 17 cattle heads.
A bench of Justice Hima Kohli and Justice Sunil Gaur set aside a government order rejecting the former jawan’s plea for compassionate allowance and directed that his representation be considered afresh taking into account his “socio-economic background”.
Singh had moved the HC claiming that he has an ailing wife who needs constant medical attention. He also has a son and a daughter, both dependent on him.
Enrolled in the BSF as a constable since November 19, 1991, Singh had served for nearly 16 years before his dismissal from service in July 2007.
Rule 41 of the Pension Rules states that government servants who are dismissed or removed from service could seek compassionate allowance.
If the competent authority finds that the case is deserving of special consideration, compassionate allowance can be sanctioned.
Such an allowance does not exceed two-thirds of pension or gratuity or both, which would have been admissible to the officer.
In December last year, the government rejected the former jawan’s plea for compassionate allowance, observing that he was a habitual offender and had been punished on several occasions.
India shares a 4,096-km border with Bangladesh, which is guarded by the BSF.
This frontier is notorious for the smuggling of cattle, narcotics and fake Indian currency notes.
Smuggling cattle to Bangladesh has been on for decades as it is a lucrative business. A Haryana breed bullock fetches ` 30,000 in Bangladesh against ` 16,000 in India. In March last year, Singh gave up his challenge to the finding of guilt and the penalty of dismissal of service before the HC and, instead, sought to apply for compassionate allowances.
Noting that the authorities had not considered his socio-economic background, the HC directed them to reconsider Singh’s representation and decide it within four weeks.
The court also directed Singh to furnish documents to substantiate his claim while giving representation.
“If the grievance of the petitioner still survives, he shall be at liberty to seek his remedies as per law,” the court said.