RAKESH KUMAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition filed under Article 226 of the Constitution of India, the petitioner seeks to challenge the order dated 08.08.2002, which rejected his statutory petition and his dismissal from service by the order dated 27.02.2001.

(2.) The case of the petitioner is that while discharging his duties as a Constable in BSF, he was allegedly found asleep on duty at 23:35 hours on 12.08.2000; because of such dereliction in duty, he was tried by the Summary Security Force Court (for short 'SSFC') and was found guilty of the charge under Section 16(c) of the Border Security Force Act, 1968 (hereinafter referred to as 'the BSF Act'). The petitioner was dismissed from service and on the same date, i.e. 04.09.2000 he was struck off from the strength of 162 Battalion, BSF. Against this order the petitioner filed an appeal before the DIG, BSF, Malda. Vide order dated 19.10.2000, the DIG, BSF, Malda while setting aside the said order, observed that the first proceeding held by the SSFC was devoid of merits. In terms of this order, the petitioner was reinstated in the service by the respondents and was directed to report to the Commandant of 162 Battalion. Furthermore, his absence from duty w.e.f. 04.09.2000 to 29.10.2000 was regularised by granting him leave vide order dated 03.10.2000.

(3.) The grievance of the petitioner is that after being charged and tried for the said misconduct, he was once again charged and tried for the same. Vide order dated 27.02.2001 he was once again dismissed from service by the SSFC. The order dated 27.02.2001 passed by SSFC was again assailed by the petitioner by filing a statutory appeal under Section 117 of the BSF Act. However, this time the appeal was rejected by the concerned DIG vide order dated 08.02.2002.