VINOD SINGH Vs. DIRECTOR GENERAL, SSB AND ORS.

JUDGEMENT

(1.) The petitioner is aggrieved by the orders dated 23.05.2013 and 16.09.2013 dismissing him from the Sashastra Seema Bal (SSB) in which he was working as a Constable (General Duty) [hereafter referred to as "CT/GD"].

(2.) He complains that a Summary Force Court (SFC) assembled to try the allegations of misconduct, resulting in conviction, is a nullity in law.

(3.) The petitioner was appointed as a CT/GD in the SSB in 1999. The SSB is governed by the provisions of the Sashastra Seema Bal Act, 2007 (hereafter "the Act"). In the course of his service, while working with the 25th Battalion at Ghitorni, Delhi, on certain allegations of grave misconduct, the petitioner was placed under suspension on 31.03.2011. The allegation pertained to the misconduct of the petitioner, in assaulting his superior officer Head Constable (GD) Moti Ram Larja while in C. Coy. at 11.30 PM on 30.03.2011. The charges were framed and a charge sheet was issued, proposing to try the petitioner under Section 22(a) of the Act - striking or threatening the superior officer; Section 23(1) disobedience of superior officer i.e. the Commandant; 24(b) insubordination, and 43 violation of good order and discipline.