ROHTASH KUMAR GODARA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has preferred this writ petition to assail the order dtd. 18/2/2025 passed by the respondents rejecting the petitioner's statutory petition under Sec. 117(2) of the Border Security Force Act, 1968 'BSF Act' challenging the Findings and Sentence dtd. 30/7/2024 passed by the General Security Force Court2 in respect of the petitioner; order dtd. 18/2/2025 passed by the respondents rejecting the petitioner's application under Sec. 130(1) of the BSF Act seeking suspension of sentence. The petitioner also seeks quashing the Finding and Sentence dtd. 30/7/2024 passed by the GSFC and seeks a direction for his reinstatement in service from the date of his dismissal along with all consequential benefits.

(2.) The petitioner was serving as a Constable (GD) in the 177 Battalion, Border Security Force 'BSF". A complaint was filed against the petitioner by one Ms. X, wife of Constable Y, in her vernacular language i.e. Telugu, on 5/6/2022, along with its translated copy in English, the contents of which read as:

(3.) A second complaint dtd. 5/6/2022 was submitted by Ms. X in Hindi to the 2IC, Officiating Commandant on 6/6/2022, wherein for the first time, the petitioner was specifically named. The contents of the complaint read as under: