CONST. BABLU GORAI Vs. THE CENTRAL GOVT. THROUGH SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI AND ANOTHER

JUDGEMENT

(1.) Constable Bablu Gorai of Border Security Force ("BSF" for short) has impugned his txrial held by Summary Security Force Court (for short "SSFC") on 13.3.2003 and the sentence of dismissal imposed on him on 6.1.2004. The petitioner prays for setting aside of Security Force Court proceedings and the resultant punishment imposed upon him with all consequential benefits.

(2.) While being stationed at Ferozepur and serving with 14 Battalion BSF, which he joined in the year 1999 on being appointed, the petitioner was accused of using criminal force against a girl with intention to outrage her modesty. He was accordingly proceeded against and after trial by SSFC was imposed the punishment of dismissal under the provisions of Border Security Force Act (hereinafter referred to as "the Act") and as per the procedure prescribed under Border Security Force Rules (for short "the Rules").

(3.) The allegations against the petitioner was that on 16.11.2002, while serving in 14 BN BSF, the petitioner was arrested by one Deputy Commandant of the Battalion, who placed the petitioner under close arrest. On his asking, it was disclosed to the petitioner that he has been arrested for committing an offence under Sec. 24(a) of the Act, whereby he had forcibly caught one Miss. Savitri daughter of another Constable K.N. Pandey of the same Battalion. As per the allegations, the petitioner had allegedly pinned the girl down on to the ground and had kissed her, besides biting her hand. The petitioner strongly denied the allegations and pleaded his innocence. The authorities, however, went ahead to follow the procedure under the Act and the Rules to proceed against him.