KRISHNA KINGKAR NATH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner is aggrieved by the Annexure-3 order dated 10.05.2007, passed by the Commandant, 47 Bn, BSF, by which he has been dismissed from service, having found guilty of the charge leveled against him. THE petitioner was tried by Summary Security Force Court, held at Bn. HQ 47 Bn. BSF on 10.05.2007, purportedly for committing offence under Section 40 of the BSF Act, 1968. THE particulars of the charge are as under :-

(2.) A Court of Enquiry was ordered by the Commandant, 47 Bn., BSF on 1.4.2007 to find out the factual position of the purported complaint lodged against the petitioner, pursuant to which the aforementioned charge was framed against him. In the Court of Enquiry, the petitioner was found blameworthy and thereafter an Officer was detailed to prepare Record of Evidence on the aforesaid charge framed under Section 40 of the BSF Act. According to the BSF authority, such conduct on the part of the petitioner was prejudicial to good order and discipline of the Force.

(3.) THE charge against the petitioner has been noted above. According to the petitioner, the charge even if it is taken on its face value, could not have led to initiation of a proceeding in SSFC. It is the stand of the petitioner that he had a good relationship with the girl in question and he never indulged in any kind of indiscipline warranting any proceeding against him. It is the stand of the petitioner that since he was under close arrest, he did not get adequate opportunity to defend his case and that the respondents in a most arbitrary and illegal manner, dismissed him from service.