KARTIC CHANDRA MONDAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is directed against an order dated October 20, 2009 by which the Director General of the Border Security Force (BSF for short) had rejected the petition filed by the writ petitioner against his trial by the Summary Security Force Court (S.S.F.C., for short). The petitioner is a dismissed constable of the B.S.F. who was charge-sheeted on April 11, 2009 by the Commandant of the concerned Battalion of BSF. The petitioner was charged with the offence that at ambush No. 4(a) of the border outpost at Kakmarichar he was performing his duties on the night of December 15/16, 2008 when he improperly omitted to take due care and caution as a result of which 10 to 12 smugglers along with 12 buffaloes and 6 calves crossed over towards Bangladesh. One of the smugglers was apprehended. Eight buffaloes and six calves were seized by the special ambush party of the concerned border outpost.

(2.) Upon a plea of not guilty taken the petitioner was tried by the Summary Security Force. The prosecution produced three witnesses who were cross-examined and the statements of the petitioner in defence of his case were also recorded after he had signified that he did not intend to produce any witness in his defence.

(3.) The S.S.F.C. by an order dated April 13, 2009 sentenced the petitioner to be dismissed from service. The petitioner thereafter filed a petition under section 117(2) of the B.S.F. Act and the said had been rejected.