BRIJESH KUMAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been filed by the petitioner with the following prayers:

(2.) In substance, the challenge of the petitioner is to an order dated October 27, 2007 passed by the Summary Security Force Court ('SSFC', for short) and the order dated February 21, 2008, passed by the Directorate General BSF / respondent No.2 ('Impugned Orders'). The order dated October 27, 2007, is an order whereby the SSFC has dismissed the petitioner from service as well as sentenced him to suffer rigorous imprisonment for six months in a civil prison. Whereas, the order dated February 21, 2008, is an order passed by the respondent No.2, as an authority considering the statutory petition filed by the petitioner against the punishment imposed by SSFC, whereby, the respondent No.2 has mitigated the remaining sentence of imprisonment of the petitioner but retained the punishment of dismissal from service and as such, rejected the statutory petition.

(3.) The only submission made by Mr. S.N. Shukla, the learned counsel appearing for the petitioner is that the penalty imposed for dismissal from service on the petitioner is disproportionate to the charges leveled against him as well as the finding arrived at by the SSFC and as such, the punishment needs to be reduced to a penalty, other than removal / dismissal from service.