RAM KRISHNA PATHAK Vs. UNION OF INDIA

JUDGEMENT

(1.) THE challenge is made to the charge sheet as well as the order dated 9th September, 2014, by which an additional charge was framed and the order was passed that the matter would be tried by the General Security Force Court.

(2.) THE challenge is basically founded on two grounds -firstly that the commandant after exercising his discretion in referring the case to the competent superior officer to be dealt with on administrative side, there is no justification in remitting the matter to the General Security Force Court; secondly the trial before the General Security Force Court can only be done, if the commandant applies to a competent officer or the authority empowered in this regard.

(3.) RULE 45 -B of the Border Security Force Rules, 1969 framed in exercise of the Rule making power provided under Sub -section 1 and 2 of Section 141 of the Border Security Force Act, 1968 provides the hearing on the charge where the officer is not an enrolled person, by commandant. Under the said provision the statement of the witness and the relevant documents shall be recorded and the said commandant after hearing may either dismiss the charge or remand the accused for preparation of record of evidence or preparation of abstract of evidence against the accused.