ROKADE NITIN AND ORS. Vs. UOI AND ORS.

JUDGEMENT

(1.) The petitioners in both cases are aggrieved by their dismissal from service by orders issued by the Border Security Force (BSF). Both were asked to face trial before the Summary Security Force Court (SSFC) proceeding in respect of an incident that occurred on 28.06.2008. They were suspended from service the next day. Subsequently, an Office Memorandum was issued on 09.08.2008, alleging commission of offences. The charge sheet outlined essentially two main charges, i.e. scuffle with another Constable and threatening a superior officer. The writ petitioner in W.P.(C) 12357/2009 was charged with causing injury during scuffle with another BSF personnel and also absence from the roll call without sufficient cause at the relevant time.

(2.) After the charge sheet was issued, a separate Record of Evidence (ROE) was prepared against the petitioners on 31.08.2008. The Summary Court proceedings were held between 20.10.2008 and 22.10.2008. Based upon the charge sheet issued under Sec. 46 of the BSF Act, 1968, both the petitioners were charged with committing offences punishable under Sec. 323, IPC, i.e. causing simple hurt.

(3.) It was alleged by BSF that the petitioners scuffled and caused serious injuries to Subhash Wadile [hereafter "Wadile"] on the evening of 28.06.2008. In support of the allegations, the BSF relied upon the testimonies of 11 witnesses. The victim Wadile deposed as PW -11. Based upon the testimonies of other witnesses produced, the officiating Commandant/Commandant (in respective cases) concluded that the petitioners were guilty and directed that the penalty of dismissal be imposed against them. They felt aggrieved and approached the higher/appellate authority. Their appeals were rejected.