SOBENDRA BHADANA Vs. UNION OF INDIA

JUDGEMENT

(1.) Present writ petition has been filed challenging orders dated 07/08/2019 (conviction order), 2nd January, 2020 (order of appellate authority) and 14th May, 2020 (order in revision) as well as the Summary Force Court [SFC] proceedings. Petitioner also prays for a direction to the respondents to reinstate the petitioner in service from the date of his removal and grant him all the consequential benefits.

(2.) Briefly stated, the facts of the present case are that the petitioner, who was a Constable (GD) in Sashastra Seema Bal [SSB], while performing his duties in Panchayat election-2018 at Udhampur (J&K) in the intervening date of 20.l1.2018 and 21.11.2018 at about 2315 to 0100 hrs misbehaved with the civilians at the counting place as well as his senior officers and used threatening language with the superior officer i.e. SI/GD Shailesh Kumar, when the superior officer tried to interfere in the aforesaid matter. It was also alleged that the petitioner had pushed and assaulted another senior officer ASI(GD) Subhash Chand Pathania which had resulted in the said senior officer falling into an abyss. Accordingly, the petitioner was charged under Sections 22 (a), 22(b) and 23(2)(a) of the SSB Act 2007. The petitioner was tried by Summary Force Court at 42nd Bn SSB Baharaich on 07.08.2019 wherein he was found guilty of all charges. The disciplinary authority i.e. Commandant, 42nd Bn SSB awarded the punishment of "Removal from service" on 07.08.2019 to the petitioner.

(3.) Against the removal order, the petitioner preferred an appeal, which came to be dismissed, vide order dated 2nd January, 2020. The petitioner further filed a revision petition that was also dismissed vide order dated 14th May, 2020.