SATBIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) In the present writ petition filed by the petitioner challenge is made to the order dated 25.2.1999 passed by the Commandant, Border Security Force, by which the petitioner has been retired from service under rule 26 of the BSF Rules. The said order is challenged on the ground that the same is illegal and contrary to the provisions of the said BSF Rules and also in violation of the principles of natural Justice.

(2.) Petitioner was enrolled in BSF on 7.6.1995. A Board of Officers was constituted by the respondents to assess the suitability of personnel like the petitioner who had bad record of service for further retention in the post. The Board considered the record of the said personnel including that of the petitioner and recommended retirement of the petitioner on the ground of un-suitability under the provisions of rule 26 of the BSF Rules. After completion of the aforesaid proceedings, as the petitioner was considered unsuitable for retention in the post, a show cause notice was issued to the petitioner on 14.11.1999 giving him an opportunity to file his reply to the aforesaid show cause notice. Pursuant thereto the petitioner submitted his reply. Thereafter on consideration of the records and the reply filed by the petitioner the Commandant issued the impugned order by which he was retired from service.

(3.) The provisions of rule 26 which are relevant for the purpose of deciding this case are extracted below:-