RAMA KANT SHUKLA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner in this case was enrolled as a constable no.860020697 in Border Security Force (hereinafter referred to as ,,BSF) on 10.07.1968 and after completion of his training course he was attached with 09 Battalion of BSF Artillery Battalion of 1011 BSF Artillery Regiment. In the year 1990, he had been attached with 09 Battalion, BSF at Bhuj, District Kutch in Gujarat and with effect from 1993 he was doing the duties at Gun area Kanzalwan in Kashtir under 18 Battalion, BSF, Artillery Battalion (Headquarter 1011 BSF Artillery Regiment).

(2.) ON 21.06.1995 in the barrack an incident had taken place at about 9 p.m. in which the delinquent had allegedly committed the offence under Sections 20 (a), 20 (b) and 20 (c) of BSF Act. Accordingly, a charge sheet dated 25.7.1995 had been issued by Deputy Commandant, Officer Commanding, 1011, BSF, Artillery Regiment to the petitioner/delinquent for the following charges:

(3.) THE petitioner thereafter filed a petition before the Allahabad High Court which was dismissed in limine vide order dated 20.01.2000 solely on the ground of availability of alternate remedy. The petitioner then presented his representation under Section 117 of BSF Act and on 20.2.2000 it was dismissed by Deputy Inspector General. Dismissal order was conveyed to the petitioner on 27.3.2000. The petitioner before this court, by way of this writ petition, has challenged his dismissal from service.