JAGDEESH PRAJAPATI Vs. UNION OF INDIA

JUDGEMENT

(1.) Present writ petition has been filed seeking directions to the Respondents to adjudicate upon the Petitioner's statutory petition dtd. 17/8/2021 preferred under Sec. 117 (2) of the BSF Act against the dismissal order dtd. 28/7/2021. Petitioner also seeks adjudication of his application dtd. 13/8/2021 preferred under Rule 129 of the BSF Rules for supply of documents of the Summary Security Force Court proceedings that took place on 28/7/2021.

(2.) Learned counsel for the Petitioner states that vide order dtd. 6/7/2021, a Record of Evidence was ordered against the Petitioner on charges under Sec. 16 (c), 16 (d), 26 and 20 (c) of the BSF Act 1968, and subsequently, a Summary Security Force Court assembled on 28/7/2021, wherein the Petitioner was found guilty and dismissed from service.

(3.) He states that the conviction order dtd. 28/7/2021 is not subject to confirmation as stipulated under Sec. 114 of the BSF Act 1968 and therefore the Petitioner is entitled to a copy of the SSFC proceeding under Sec. 129 of the BSF Rules.