JOGA SINGH NK/DVA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner was served with a charge sheet on May 11, 1992. He was tried by a Summary Security Force Court on May 12, 1992 and dismissed from service. The petitioner submitted an appeal dated May 28, 1992 which ws rejected vie orer dated February 25, 1993. The petitioner complains that he has not had a fair trial. Is it so?

(2.) THE petitioner was working as a Driver in the Border Security Force since January 1, 1975. He was in the rank of Naik. Presumably, due to ignorance, the petitioner could not give detailed instructions to the counsel. To add to it, the respondents had not filed even a written statement till February 17, 1995. Accordingly, the respondents were directed to produce the file of the case. It has been produced before me today.

(3.) MR . D.D. Sharma states that the record of evidence was furnished to the petitioner alongwith the charge sheet on May 11, 1992. A copy of the order informing the petitioner regarding trial by a Summary Security Force Court is at Annexure P -3 with the writ petition.