K. SHANKARAIAH Vs. THE UNION OF INDIA (UOI)

JUDGEMENT

(1.) The Petitioner in this writ petition questioned the charge sheet dated 9th March, 2007 and Summary Security Force Court Trial dated 13th March, 2007 and the order of dismissal dated 13th March, 2007 as well as the order of the Appellate Authority dated 13th June, 2007 confirming the dismissal order as contained in Annexure P -6, P -7, P8 and P -11 respectively to the writ petition.

(2.) The Petitioner's case is that he was a Constable of 138 Bn, BSF. At the material time he was performing duties of security aid in the house of Amit Chand, Assistant Commanded 138 Battalion, BSF.

(3.) On 24th October, 2006 at about 1800 hrs. the Petitioner was standing near officers' mess with 15 months old baby (Ishu) of Shri Amit Chand. Several children playing in front of the mess while he was standing there one Master Siddarath, son of Shri Rajesh 21C (Adm) STC BSF NB and Miss Upasana Dey, daughter of Dr. Mrs. S. Dey, CMO, STC BSF NB started fighting on some issue and the quarrel fought with them. Master Siddarath slapped Miss Upasana twice and thrice. Miss Upasana then started crying. Since he was standing there Miss Upasana came running to him and told that Siddarath has hit her. To console her, the Petitioner rubbed her cheek. In the meantime, Siddarath fled for scene. Therefore, Miss Upasana requested the Petitioner to drop her up to Mandir.