BALGANAND Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition, the petitioner has challenged the impugned order of conviction and sentence passed against him on 12/08/1996 whereby te petitioner was dismissed from service. The petitioner has also challenged the legality of the order dated 7/01/1998 whereby the statutory petition filed by the petitioner against his conviction and sentence by the Summary Security Force Court was rejected.

(2.) The petitioner was charged and the officiating Commandant vide order dated 9/08/1996 prepared a charge sheet against the petitioner for trial of the petitioner under Section 19(b) and 19(a) of the BSF Act. The charge framed against the petitioner pertained to his over-staying leave and unauthorised absence. The petitioner was tried by the Summary Security Force Court and after conclusion of the trial the petitioner was convicted and sentenced on 12/08/1996 by dismissing him from service. Being aggrieved by the said order, the petitioner preferred a statutory petition before the competent authority under Section 117 of the BSF Act. The said statutory petition was considered by the competent authority and the same was rejected on the ground or having no merit.

(3.) It is established from the records that the petitioner was tried by the Summary Security Force Court on 12/08/1996 and during the course of the aforesaid proceedings, the petitioner pleaded guilty against both the charges levelled against him in the charge sheet. The Summary Security Force Court having found the petitioner guilty of both the charges sentenced him to dismissal from service which was pronounced on 12/08/1996.