RAJNEESH Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India emanates from the Summary Security Force Court (SSFC) proceedings which convicted the petitioner on the basis of his purported 'plea of guilty' for his alleged role in smuggling of 'phenesdyl' from Bangladesh to India and consequently, awarded him dismissal from service vide the impugned order dtd. 19/1/2022, against which a statutory petition filed by him before the Inspector General, Border Security Force (BSF) came to be dismissed vide the other impugned order dtd. 5/4/2022. Thus, the petitioner has sought quashing of the impugned orders besides praying for reinstatement in service with all due benefits accruing to him.

(2.) Brief facts are such, the petitioner joined the BSF as a Constable (General Duty) on 15/5/2012. While being posted to perform his duties at 158th Battalion, BSF at Border Out Post (BOP) in Khararmath, he was, on the night of 2/3/10/2021, detailed for 'Ambush Cum Patrolling' (ACP) between 0001 to 0600 hours at duty point 36A at BOP, Khararmath. During the said period, an incident of smuggling took place, wherein the petitioner has been alleged to have facilitated in the act of smuggling of phenesdyl syrup from Bangladesh to India.

(3.) Based on this incident, a Record of Evidence (ROE) was held, upon consideration whereof, the Commandant notified the petitioner on 17/1/2022 that he would be tried by the SSFC under Ss. 70 and 74 of the BSF Act, 1968 on a Charge under Sec. 40 of the BSF Act for acts 'prejudicial to the good order and discipline of the Force". A copy of the Charge-Sheet was served on the petitioner on 18/1/2022 and the SSFC proceedings were thereafter held on 19/1/2022. Upon conclusion of trial, the petitioner was held guilty of the Charge on the basis of a 'plea of guilty' and was consequently dismissed from service without pensionary benefits.