(1.) The impugned order of dismissal dated 26.4.1999 issued by the Commandant 18 BN Border Security Force, Kalyani (WB) thus striking off the name of the petitioner Shri Son Sing Marak from the strength of 18 BN Border Security Force (BSF) with effect from 24.6.1999 (AN) and the impugned order dated 28.2.2000 issued by the competent authority of the BSF rejecting the statutory petition of the petitioner against conviction by Summary Security Force Court, as seen in the documents marked Annexure IV and VI to the writ petition, are the subject matters under challenge in this writ petition.
(2.) The petitioner- Shri Son Sing Marak, ex-Constable No. 89163041 of 'C' Coy, 18 BN BSF was charged for violation of Good Order and Discipline of the Force as required under Section 40 of the BSF Act, 1968 (hereinafter referred to as Act of 1968). The said charge is quoted below:-
(3.) The trial of the petitioner was conducted by Summary Security Force Court, as required under Rule 51 of the BSF Rule, 1969. The prosecution examined nine witnesses (PWs) in order to prove the charges levelled against the present petitioner. Lastly, the petitioner was found guilty of the charges levelled against him and awarded the sentence for dismissal from service. Such findings and sentence of the Summary Security Force Court were promulgated to the accused and thereafter his name was struck off from the strength of the force from 24.6.99 under the impugned order dated 26.4.99. Being aggrieved by the order of dismissal and conviction, the petitioner presented a petition under Section 117 of the Act of 1968 to the competent authority and the competent authority rejected the petition being devoid of merit under the impugned order dated 8.2.2000, as in Annexure VI.