RAJENDRA PRASAD TIWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was a member of the Border Security Force (BSF). He joined the Force on 5th April, 1987 in the post of Constable. The petitioner was promoted to the post of Head Constable on 31st December, 2007.

(2.) A complaint was lodged against him on 28th September, 2014. In response to the said complaint the petitioner was summoned to appear before the Summary Trial Court on 4th October, 2014. The Summary Trial Court awarded the punishment by reducing the rank of the petitioner from Head Constable to Constable by an order dated 5th October, 2014. The petitioner being aggrieved with the said order preferred appeal before the appellate authority. By an order dated 19th October, 2015 the appeal preferred by the petitioner stood dismissed. Being aggrieved the petitioner has filed the instant writ petition.

(3.) The petitioner submits that the summary proceeding was conducted in a very hasty manner. He was not given proper opportunity to represent his case. The Summary Court wrongly appreciated the evidence and punished the petitioner simply relying upon the verbal evidence of the complainant.