UNION OF INDIA Vs. SUKRAJ DEB BARMA

JUDGEMENT

(1.) The respondent herein, while working as a LINK in the Border Security Force, faced a trial by Summary Security Force Court (here-in-after referred to as "the SSFC) on two charges and was found guilty of one of those two charges framed against him and the charge of which he was so found guilty is reproduced herein below: Charge-II Assaulting his superior officer BSF A CT U/s 20 (a) "In that he at Naka No. 81 of BOP Murad. on intervening night of 5/6.5.2000 AT 0330 HRS Durum Naka Checking assaulted No. 6691 10731 Sub-B.S. Rama" Following the above finding, the SSFC sentenced the respondent herein to dismissal from service. The sentence was promulgated on 15.5.2000. In terms of the provisions of Section 117 of the Border Security Force Act, 1968 (hereinafter abbreviated as the BSF ACT, 1968), the petitioner-respondent made a representation against the said finding and sentence., but the same was turned down by the order, dated 20.7.2000. The petitioner- respondent, then, challenged his conviction and sentence before this Court with the help of a writ petition and the same gave rise to W.P.(C) No. 357/2000.

(2.) By the impugned judgment and order, dated 14.8.2001, the learned Single Judge, while upholding the finding of guilt reached against the respondent herein quashed the sentence and remanded the case to the authority concerned with the following directions :

(3.) Hence, the present appeal by the authorities concerned.