RAVICHANDRAN B.R. Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ appeal is directed against the judgment and order dtd. 21/12/2018 passed by the learned Single Judge in WP(C) No.847 of 2018.

(2.) The factual back ground of the case is as under:

(3.) Thereafter, pursuant to the direction of the commandant of his battalion, charge sheet was laid against the appellant for 06 different charges. The appellant was then informed that trial would be conducted against him for those charges by the General Security Force Court (GSFC) in terms of the BSF Act and Rules. Subsequently, the earlier charge sheet containing 6 charges was recalled and a new charge sheet consisting of 04 charges, as stated above, was served on him. Proceedings before the GSFC commenced on 30/1/2018. The appellant applied for supply of legible copies of all incriminating documents to him. Instead of supplying legible copies of those documents to the appellant, the GSFC took up the case for trial against the appellant. Appellant claimed before the GSFC that a single trial on 04 different charges were in contravention of the provisions of the BSF Rules 1969. The challenge of the appellant was discarded by the GSFC. Appellant challenged the order before the higher authority. He presented a petition under Sec. 117 of the BSF Act, 1968 against the said order of GSFC seeking stay of the proceedings before GSFC pending consideration of his petition. But, he was informed that the trial before GSFC would commence from 15/6/2018. Aggrieved appellant filed petition under Sec. 482 of the Code of Criminal Procedure read with Article 226 of the Constitution before the High Court for quashing the orders passed by the Staff Court Inquiry, the charge sheet and the proceedings pending before the GSFC. The learned Single Judge by his order dtd. 31/5/2018 passed in Crl.Petn. No.28 of 2018 passed by the higher authority of BSF and directed the concerned authority of BSF to dispose appellant's petition filed under Sec. 117 of the BSF Act on merit within 60 days after providing opportunity of hearing to the parties. The GSFC was also directed to supply copies of all documents to the appellant and the trial before the GSFC was stayed till disposal of the objections raised by the appellant in his petition filed under Sec. 117 of the BSF Act.