SATISH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner challenges the order dated July 27, 1999 passed by the Summary Security Force Court (SSFC) holding petitioner guilty of the two charges framed against him and as a result ordering petitioner to be dismissed from service. The petitioner was serving as a Constable in BSF and was attached to the 72 Bn. The statutory petition filed by the petitioner against the said dismissal was rejected by the Competent Authority vide order dated March 27, 2000.

(2.) AS per the record of the battalion the petitioner had been unauthorizedly absent from duty with effect from July 02, 1999 till July 11, 1999 and in fact had absconded. Thereafter on July 13, 1999, the petitioner absconded once again at 11:05 hours but was apprehended by the army personnel at water point Ghotaru just at the Indo -Pak border and handed over to the Commandant of the Battalion. Brought before the Commandant along with an offence report, after conducting hearing of the charge as envisaged by Rule 45 of the BSF Rules, 1969, the Commandant decided that the petitioner had to be remanded for preparing a record of evidence and for which Dy.Commandant A.S.Sandhu was the officer named. Before him 12 witnesses were examined.

(3.) THE record of evidence was placed before the Commandant and the petitioner was produced before him. The Commandant proceeded under Rule 51 of the BSF Rules, 1969 by directing the petitioner to be tried at a SSFC Court. He drew up two charges as under: -