MUKANDI LAL Vs. UOI

JUDGEMENT

(1.) The petitioner has preferred this present writ petitioner to assail the order dated 26.4.2019 passed by the Directorate General of Border Security Force, whereby the respondents have rejected the petition preferred by the petitioner against his trial by Summary Security Force Court. The petitioner pleaded guilty to all the three charges framed against him. The Summary Security Force Court returned its finding of guilt against the petitioner on 15.10.2018.

(2.) The submission of learned counsel for the petitioner is that in the facts of the present case, the plea of guilt ought not to have been recorded keeping in view the fact that the record of evidence did not support the plea of guilt. In this regard, reliance is placed on Rule 142(2) of the Border Security Force Rules,1969. Learned counsel for the petitioner has argued that the third charge levelled against the petitioner was that on 10.2.2018, while deployed at Gardhang High School, Kalachara, PS-Manubazar for Assembly Election duty in the State of Tripura, the petitioner cocked his Rifle in front of the duty SO i.e ASI (GD) Umesh Singh and said "Saalo ko Dekhta Hoon".

(3.) Learned counsel for the petitioner has drawn our attention to the record of the enquiry.