SUBHASH SINGH Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) The Petitioner who was a constable with the Border Security Force (BSF) has filed this writ petition seeking the quashing of an order dated 7th April, 2004 passed by the Officiating Commandant (OC) of the 95th Battalion, BSF holding the Petitioner guilty of the charges for which he was tried by the Summary Security Force Court (SSFC) of the offences under Sections 19 (a) and 22 (e) of the Border Security Force Act, 1968 (BSF Act) and sentencing him to be dismissed from service. He has also challenged the order dated 13th December, 2004 passed by the Deputy Inspector General (DIG), BSF rejecting his appeal against the above order and sentence.

(2.) The facts in brief are that the Petitioner was enlisted as a Constable in the BSF on 1st April, 1988 in the 95th Battalion. He states that he moved with the unit and served in the border areas like Rajasthan, Mizoram, Assam, Kashmir, Tripura etc. The Petitioner?s last posting was at Amarkot, District Amritsar, Punjab on the Indo Pak Border.

(3.) On 1st April, 2004 the Petitioner was performing his duty as Constable at the border Naka from 0600 hrs till 1800 hrs. After his reliever came, the Petitioner started from the Naka for the post. This distance approximately takes half an hour to cover. According to the Petitioner when he reached midway he realized that he had left behind his tiffin box at the Naka. He went back to get the tiffin box and thereafter reached the post 15 minutes late i.e. at 1845 hrs.