KISHOR KUMAR Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) The petitioner is a dismissed personnel of the Border Security Force (B.S.F.). The petitioner is aggrieved by an order of dismissal from service. The order of dismissal from service was passed on February 8, 2018. The petitioner had moved the High Court at Jammu & Kashmir against such order.

(2.) The High Court refused to entertain the writ petition. The petitioner, thereafter, approached to the Appellate Forum. The Appellate Forum dismissed the appeal on merits as well as on the ground of six and a half years of delay in filing the appeal.

(3.) Learned advocate appearing for the petitioner submits that, the impugned order of dismissal was vitiated by reason of violation of provisions of Article 14 of the Constitution of India. The petitioner did not receive a fair trial. He draws attention of the Court to Rules 48(4), 129 and 157 of the Border Security Force Rules, 1969. He submits that, the petitioner was not afforded a copy of the order under Rule 129 of the Rules of 1969. The petitioner was in custody during his trial. Therefore, the petitioner could not avail of the benefits of Rule 157 of the Rules of 1969. The petitioner could not take assistance of any person at the trial. Rule 157 allows the petitioner to take assistance of any person including a legal practitioner. He relies upon Rule 48 of the Rules of 1969 and contends that, the petitioner was not allowed to call any witnesses for his defence at the trial. He draws attention of the Court to the fact that, the petitioner had given twenty seven years of his life to the Border Security Force and that, the petitioner is presently living in penury. He relies upon (Ajay Hasia Versus- Khauid Mujib Sehravardi, (1981) 1 SCC 722). and All India Reporter (State of Punjab Versus- Davinder Pal Singh Bhullar & Ors, (2012) AIR SC 364.) in support of his contentions. He seeks setting aside of the order of dismissal.