SONU KUMAR Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) In this batch of Writ Petitions, the common grievance of the petitioners is that they had appeared in the competitive examination conducted by the Staff Selection Commission (hereinafter referred to as 'SSC') for appointment to the post of Constable in Sashastra Seema Bal (in short 'SSB'). They qualified the said examination and joined their services on 09.07.2012 in SSB, 41 Bn., Ranidanga (West Bengal).

(2.) By an impugned order dated 17.05.2013 passed by the Inspector General, Frontier Headquarter, SSB, Guwahati, Assam, they were discharged from services on the ground that they had failed to conduct themselves as an efficient member of the Force.

(3.) Ms. Jyoti Singh, the learned Senior Counsel for these petitioners made two fold submissions to challenge the said order. The first being; that vide order dated 17.05.2013 itself, the Inspector General acting under the powers conferred on him under Section 132 of SSB Act, 2007 read with Rule 185 of SSB Rules, 2009 annulled the proceedings of Summary Force Court (in short 'SFC') on the ground that the said proceedings were illegal as the SFC had been convened without taking over the case from the concerned Police/ Judicial Authorities for invoking the concurrent jurisdiction of the Force Courts. On the very same day, another order was passed by the same officer directing discharge of these petitioners from service in terms of Clause 4 Part-II (Condition of Service) of Appendix-I, under Rules 16 of SSB Rules, 2009 on the ground that these petitioners had failed to conduct themselves as efficient members of the Force.