BSF Sacks Jawan Tej Bahadur Yadav After Enquiry Finds He Damaged Their Image

A three-month long disciplinary proceedings led to the dismissal of Border Security Force (BSF) jawan Tej Bahadur Yadav, who complained of being served poor quality food and dal at a remote, 'sensitive' post.

The court martial concluded on Tuesday April 18 and the ruling and sentence were announced on Wednesday April 19.

The jawan has been sentenced to dismissal from service which will have a impact on his several years of service while he was on the brink of retirement. 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. He had also accused senior officers of corruption, blaming it for the poor quality rations served to jawans. The said video was made at a ‘sensitive’ post near the Line of Control in Kashmir.

The video was posted in early January, while Yadav’s discharge and retirement had already been approved for January 31, 2017. Following the massive public reaction to the video, Yadav had been detained and shifted to a another battalion in Samba (also in Kashmir) to face the summary court martial, away from media and public glare.

The sentence has been passed by a summary security force court of the paramilitary force which is akin to a summary court martial in the army. The summary court is usually reserved for war time, but is also set up for adjudication of disciplinary proceedings in conflict zones such as near border posts. The summary court martial system was established during the British colonial rule and was employed to discipline mutineers and deserters.

Yadav’s wife, Sarmila, posted on social media about his dismissal and that he would return the next day to his hometown in Rewari, Haryana, which is less than 100 km away from New Delhi.

She also released a video in reaction to the court martial.

“My husband released a video complaint of a basic problem such as food. For this he was dismissed by a court martial. Would any mother send her son to the defence services after this?” asked Sarmila Yadav in the video.

“He has served for 20 years and the government should have honourably discharged him and sent him home. He has been dismissed from service and he will be back home tomorrow,” she said.

Several ex-servicemen and their organisations had hailed Yadav for speaking out a truth and the video went ‘viral’. Yadav had also been criticised in many quarters for publicly criticising the BSF and the government without going through proper channels.

In February, Yadav had released another video in which he had sent a video message to PM Narendra Modi claiming that what he had done was to fight corruption in the security forces.

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

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. & 5. 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.

6. 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.

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:

51. 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

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.

Yadav was serving in the 29th battalion of the force and had been transferred to a BSF battalion in Jammu during the inquiry.

Here is the video: