NASIBUL ISLAM Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has prayed for setting aside the order of the Commandant/Disciplinary Authority dated April 23, 2021 and the order of the Director General/Appellate Authority dated May 6, 2021.

(2.) While the petitioner was attached with FTR Headquarter, Border Security Force, North Bengal, Kadamtala as a Constable in 94 Battalion BSF he was served with a charge sheet dated April 3, 2020. Three charges were levelled against the petitioner. The first charge was that he had deliberately and maliciously acted with intention to outrage the religious feeling of a particular religious community by insulting its religion or religious belief. The second charge was that he had morphed photographs of Prime Minister of India and sent to other persons in WhatsApp groups. The third charge was that the petitioner was having contact with some foreign nationals and WhatsApp Group of certain other foreign countries.

(3.) The petitioner was subjected to trial before the Summary Security Force Court. The Commandant of 94 Battalion, Border Security Force passed an order on April 23, 2020 holding that the petitioner has committed offences under Ss. 46 and 40 of the Border Security Force Act, 1968 (for short "1968 Act"). The first and second charge against the petitioner was only proved. The Commandant awarded sentence of dismissal from service. The petitioner filed an appeal petition and the Appellate Authority passed an order on May 6, 2021 thereby rejecting the appeal petition upon holding that the same is devoid of any merit.