ATAL BIHARI Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER has filed this writ petition seeking quashing of, Order no. Estt/89/Bn/SSFC -AB/352/2006/8000 -360 dated 18.07.2006 of Commandant 89 BN, BSF Govindpur, Raiganj (WB), dismissing him from service, and respondent no.2s order no. 06/63/2006/SP/BSF/CLO (DNL)/10560 -64 dated 07.11.2006, rejecting his statutory petition against the order passed by the Commandant as Summary Security Force Court.

(2.) WHILE serving as Constable at Daspara, near Border observation post, Makarhat, the petitioner was accused of committing a civil offence of using criminal force to a women with intention to outrage her modesty, punishable under Section 354 of the Indian Penal Code. He was later tried by Summary Security Force Court and dismissed from service. The sentence of the Summary Security Force Court was promulgated on 18.07.2006 and the Summary Security Force Court trial proceedings were countersigned by D.I.G, B.S.F, Kishanganj where after these were submitted to Chief Law Officer/DIG LAW Branch, BSF, New Delhi. Petition preferred by the petitioner against the finding of Summary Security Force Court was dismissed by Director General, Border Security Force vide order dated 7.11.2006.

(3.) PETITIONER has raised various grounds to question the orders passed by respondent nos. 2 and 3.