UNION OF INDIA Vs. SAMIR KUMAR NAG

JUDGEMENT

(1.) Mr. Samir Kumar Nag, the respondent herein was the petitioner in Civil Rule No. 2173/ 94 in which the writ petitioner challenged the findings and the punishment imposed on the writ petitioner by the Border Security Force (BSF in short) Court resulting in not only imprisonment for a period of six months but also an order of dismissal arising out of an enquiry held against the writ petitioner by the BSF Court. The learned Single Judge by an order made on 8.8.97, after hearing the learned counsel on both the sides, set aside both the findings and the punishment and allowed the writ petition restoring the service of the petitioner and the consequential benefits including the backwages. Aggrieved by this order of the learned Single Judge, appellants No. 1 to 6 have presented this appeal challenging the correctness and the legality of the order passed by the learned Single Judge on the grounds taken in the appeal.

(2.) We have heard the learned counsel on both the sides.

(3.) Shri K.P. Sarma, learned Add. Central Govt. Standing Counsel, who having taken us through the grounds of appeal, the findings recorded by the learned Single Judge and other relevant facts, urged the following points in support of the appeal :