KARAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Issue Rule. With the consent of the learned counsel for the parties, the writ petition is taken up for final hearing.

(2.) The petitioner by this writ petition challenges the dismissal order passed by the Commandant 195 BN BSF dated 21st September, 1999. The order was challenged in this Court and it appears that Civil Writ Petition No. 2413/2001 was withdrawn by the petitioner and thereafter on 3rd December, 2001 the petitioner filed an appeal before the appellate authority for his reinstatement in the service. On Ist February, 2002 the petitioner not having received any reply from the respondent in respect of the appeal preferred by him again approached this Court by way of W.P. No. 2875/2002 and on 20th August, 2002 this Court directed the respondent in W.P. No. 2875/2002 to expeditiously dispose of the petitioner's appeal within eight weeks. Pursuant to the directions of this Court on 3rd October, 2002 the impugned order was passed under Section 117 (2) of the Board Security Force Act (hereinafter refer to as the Act. Section 117 of this Act reads as follow: â 117. Remedy against order, finding or sentence of Security Force Court.__(1) Any person subject to this Act who considers himself aggrieved by any order passed by any Security Force Court may present a petition to the officer or authority empowered to confirm any finding or sentence of such Security Force Court, and the confirming authority may take such steps as may be considered necessary to satisfy itself as to the correctness, legality or propriety of the order passed or as to the regularity or any proceeding to which the order relates. (2)Any person subject to this Act who considers himself aggrieved by a finding or sentence of any Security Force Court which has been confirmed, may present a petition to the Central Government, the Director-General, or any prescribed officer superior in command to the one who confirmed such finding or sentence, and the Central Government, the Director-General, or the prescribed officer, as the case may be, may pass such order thereon as it or he thinks fit.â

(3.) The following impugned order was passed on 3rd October, 2002.:-