M. JOHN KINGSLY Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ application has been filed, inter alia, challenging the charge sheet dtd. 27/4/2005, as well as the Summary Security Force Court (in short, SSFC) proceeding dtd. 29/4/2005, dismissing the petitioner from service, and the order dtd. 17/4/2006, passed by the Appellate Authority.

(2.) The petitioner claims to have joined the post of a constable in the Border Security Force (in short, BSF) in the year 1989. At the relevant point of time, when he was posted at Border outpost of Soldighi under B-Company, 138 Battalion, BSF, he was served with a charge sheet dtd. 7/4/2005. Particulars of the charges leveled against the petitioner is extracted hereinbelow:

(3.) Following the aforesaid, in terms of Rule 45 of the Border Security Force Rules, 1969 (hereinafter referred to as the "said Rules"), the Commandant while hearing out the charges, had examined witness, and the witness action was recorded. After the recording of evidence, by a communication dtd. 27/4/2005, the Commandant instead of deciding on the charges himself, having though it fit in terms of Rule 45(2)(iv) to remand the petitioner for trial by the SSFC, while informing him that trial shall be held by the SSFC under Rule 51 of the said Rules on 29/4/2005, forwarded the record of evidence to him, including the exhibits along with a copy of the charge sheet for preparation of his defence. The petitioner was also granted liberty to choose any BSF personnel available in the unit to act as a "friend of the accused" during the trial and that such choice was required to be made positively, by 1800 hrs. on 28/4/2005.