SATBIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, a constable in BSF, is aggrieved by punishment of dismissal from service awarded by Summary Security Force Court(SSFC) on being held guilty under three heads of charges. At the relevant time, the petitioner was posted at 02 BN. Headquarters, Masimpur(Assam), engaged in counter insurgency operation. On 11th of October, 1999, he was found in a state of intoxication, for which disciplinary action was in process. He, however, deserted the Unit Lines on 18th of October, 1999 without seeking any permission from his superiors. He absented from duty unauthorisedly for 69 days. He reported back for duty on 25th of December, 1999(AN). A Court of Inquiry to find out the reasons for his desertion and to fix the responsibility, was held, which, eventually, held him blameworthy.

(2.) In the first week of January, 2000, 02 BN BSF moved to Jiriben (Manipur) for internal security duties(CI-Ops duties). There also the petitioner was once again found intoxicated on 11th January, 2000 while on active duty.

(3.) On 20th of January, 2000, the Commandant made an order for Record of Evidence(ROE) against the petitioner for being absent for 69 days without leave and also being found intoxicated on two occasions. Record of Evidence was followed by another order dated 29.1.2000 from the Commandant putting the petitioner under close arrest and remanding him for trial by Summary Security Force Court(SSFC) on the following charges:-