The Border Security Force court martial has sentenced jawan Tej Bahadur Yadav who complained of being served poor quality food and dal at a remote, ’sensitive’ post.
In what has been decided as a breach of service rules, Yadav had posted a video on social media criticising the quality of the food served to jawans. The court martial concluded on Tuesday April 18 and the ruling and sentence were announced on Wednesday April 19.
There were six counts of charges against Yadav:
1. Posting to a social media website in violation of existing guidelines prohibiting such use of social media by personnel.
2. Bringing disrepute to the BSF
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3. BSF procedures not followed. The officers felt that Yadav could have complained to his superiors and kept to the chain of command to air his grievances.
4. One charge each for two separate hunger strikes at two separate locations. The first was at the BSF post in Poonch where he made the first video. The second he started around March while disciplinary proceedings were on. Both times his wife had to intervene and ask him to not resort to a hunger strike.
5. False charges against seniors for corruption.
Impact of sentence
As per reliable sources, Yadav’s dismissal means that he will lose out on benefits that have accrued during his several of service. This includes post-retirement pension, gratuity, health benefits, ex-servicemen or former government employees quota and reservations (for service or education) for himself as well as his family.
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Besides, this, Yadav cannot apply for any government service and his original certificates will be marked with red-ink entries to show that he was dismissed from service. This may create problems even in private employment.
Options
The BSF Act provides certain relief in such cases:
“When on active duty any enrolled person has been sentenced by a Security Force Court to dismissal or to imprisonment whether combined with dismissal or not, the prescribed officer may direct that such person may be retained to serve in the ranks, and such service shall be reckoned as part of his term of imprisonment if any, says the act
The law also allows an officer of rank deputy inspector general (or above) to set aside the ruling or to reduce the sentence. Yadav can also appeal to senior officers of rank DIG and IG for relief and also to the DG of the BSF.
Once exhausted, Yadav would have to approach civil and service courts to appeal the decision of the summary security force court.
