RAMESH KUMAR Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) The petitioner has assailed the order dated 11.2.2003 passed by the respondent/BSF inflicting upon him the punishment of dismissal from service. A glance at the facts of the case is necessary. The admitted facts of the case are that the petitioner had joined the respondent/BSF as a Constable in the year 1998. The incident in question relates to the year 2003 when on 9.2.2003, the petitioner was charge -sheeted for intoxication. After hearing the charge, an officer was appointed for recording the evidence on 31.1.2003, which was duly concluded on 4.2.2003. Four witnesses were produced by the prosecution during the Recording of Evidence (in short 'the ROE'), namely, PW -1 Head Constable Shyam Nath Singh, PW -2 Head Constable Louis Kujur, PW -3 Head Constable C.H.M. Rao and PW -4 Assistant Commandant Harbhajan Singh.

(2.) On perusing the evidence, a prima facie case was found against the petitioner and a Summary Security Force Court (SSFC) was ordered against him. Though the petitioner was afforded an opportunity to make his submission and call his witnesses, he had declined to do so. The SSFC was conducted under Sec. 26 of the BSF Act, 1968 which prescribes that any person found in a state of intoxication, whether on duty or not, shall, on conviction by a Security Force Court, be liable to suffer imprisonment for a term that may extend upto six months or such less punishment as mentioned in the Act.

(3.) The SSFC was held on 11.2.2003 by the Commandant, 19th Battalion, BSF and in the course of the said proceedings, the petitioner had pleaded 'guilty' and asked for mitigation of punishment by stating that he be pardoned for his mistake. At the end of the said proceedings, the petitioner was inflicted the punishment of dismissal from service. Aggrieved by the aforesaid order, after a period of one and a half years, on 23.8.2004, the petitioner filed an appeal which was dismissed as being time barred, vide order dated 10/13.12.2004. Thereafter, the petitioner filed the present petition in the year 2005 assailing the dismissal order.