TARLOK RAJ Vs. UOI

JUDGEMENT

(1.) Petitioner was enrolled as a Constable on 15.10.1984 in the Border Security Force where after on 23.12.1991 he was promoted as a L/Naik. It is contended by him that while posted in 109 Bn, BSF, he was deputed for Dak duty to Frontier Headquarters, Siliguri on 01.08.2000 with effect from 02.08.2000. It is contended that when the petitioner was returning from said duty in North East Express, he was given some eatables by some co-passengers and thereafter he was beaten up and his luggage was also lifted by those persons after he became unconscious. He states that when the train reached at Gowhati the petitioner went to the Transit Camp but he was not allowed to enter the Camp for non-availability of his Identity Card, which, according to him, was also lost with his luggage. The petitioner thereafter came to his home at Village Langotian, R. S. Pura, Jammu where he is stated to have got his treatment. He was arrested by Police Station Miran Sahib on 21.11.2000 and handed over to the respondents, on the allegation that he is a deserter and has absented himself without any leave.

(2.) Summary Security Force Court was held wherein the petitioner pleaded guilty to the charge and was given following punishment on 09.02.2001:

(3.) The petitioner has challenged the punishment awarded to him through the medium of present writ petition.