EX-CONSTABLE RAJWANT Vs. UOI

JUDGEMENT

(1.) AT the hearing of the writ petition three contentions were urged on behalf of the petitioner, and thus before we note the relevant facts we set the tune for our decision by noting the three contentions which were urged.

(2.) THE first was that the order levying the penalty of dismissal from service being the result of a de -novo trial conducted against the petitioner, and there being no provision for a de -novo trial either under the BSF Act, 1968 or the Rules framed there under, the same was a nullity and hence was the penalty also a nullity.

(3.) THE second contention urged was that the plea of guilt recorded at the arraignment when the Court assembled on May 24, 2003 was the result of force and coercion.