SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner herein was Charge-sheeted under Section 48 of Border Security Force Act for alleged commission of an act prejudicial to good order and discipline of the force. Record of evidence was prepared on the basis of which trial by Summary Security Force Court was ordered by the Commandant against the petitioner. After the trial, the Summary Security Force Court convicted and sentenced the petitioner to the punishment of dismissal of its order dated 3rd February, 1996.

(2.) Being aggrieved by the aforesaid order of conviction and sentence, the petitioner filed a Mercy Petition before the Director General, BSF. The Director General, BSF converted the sentence of dismissal passed against the petitioner to that of removal from service. Being aggrieved by the aforesaid orders, the petitioner has preferred the present writ petition.

(3.) Counsel appearing for the petitioner states that the punishment of removal is not envisaged under the provisions of BSF Act and the Rules framed thereunder and, therefore, the Director General had no power and jurisdiction to impose a punishment on the petitioner which is not envisaged under the provisions of Section 48 of the BSF Act. His further submission is that the Director General was satisfied that the sentence of dismissal should not have been imposed on the petitioner and, therefore, he should have imposed a punishment below that of the dismissal as envisaged under the provisions of Section 48 of the BSF Act.