V.G. PILLAI Vs. UNION OF INDIA

JUDGEMENT

(1.) Mr. V.G. Pillai, the appellant herein, was the writ petitioner in Civil Rule No. 73 of 1998 before this Court. In the said Writ Petition, the petitioner had challenged the order passed by the General Security Force Court (for short GSFC) dated 16.02.91 whereby and where-under the petitioner was sentenced to suffer R.I. for 2 years and also dismissed from service for committing a civil offence under Sec. 46 of the BSF Act, i.e. to say committing rape, an offence punishable under Sec. 376 Penal Code. The said order dated 16.2.91 of the GSFC (Annexure-A to the writ petition) was confirmed vide order dated 10.6.91 (Annexure-B to the writ petition) passed by the Inspector General of Border Security Force (for short BSF) Tripura, Cachar and Mizoram Frontier (Confirming Authority) and the communication being No. 6/57/97-Pet/CIO (D&L)/BSF/O-14 dated 02.01.1998 (Annexure-I to the writ petition), the information regarding rejection of the petitioner's appeal filed under Sec. 117 of the BSF Act (for short the Act) were assailed in the writ petition. The learned single Judge of this Court, by an order dated 02.01.07, after hearing the rival parties and after perusing the materials available before him, dismissed the writ petition, hence, this appeal.

(2.) The appellant has challenged the judgment and order of the learned single Judge mainly on the ground that the learned single Judge committed gross error in interpreting the decision of the Apex Court cited by the petitioner's counsel and also in considering the facts that the GSFC failed to consider all the relevant evidence available on record, particularly the evidence of the Medical Officer and the findings of the GSFC as cryptic, non speaking and non application of mind by the GSFC while passing the order of conviction and sentence and the order of rejection of representation under Sec. 117 of the Act by the Director General, Border Security Force.

(3.) We have heard Mr. B. Das, learned Sr. Counsel as assisted by Miss S. Das and D. Chakraborty as well as Mr. P.K. Biswas, learned Assistant Solicitor General.