DHARINTER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner was a constable in Border Security Force. By order dated 12 -05 -95, impugned in the writ petition, he was dismissed from service on being found guilty of an act which was prejudicial to good order and discipline of the force punishable under Section 40 of the BSF Act.

(2.) HE challenges his conviction under Section 40 and the order of dismissal interalia on the grounds that he was neither informed of the nature of charge levelled against him nor made to understand the same before being tried on the said charge. It is also averred that he never pleaded guilty to the charge and the same has been wrongly attributed to him.

(3.) MR . Dutta, appearing for the petitioner, argued that the provisions of Rule 142 of the BSF Rules 1969 have not been followed which have vifiated the trial and consequently the order of dismissal is liable to be quashed. He also argued that the charge sheet dated 28 -09 -1994 indicates that the petitioner was charged under Section 20 -B of the BSF Act whereas he has been punished under Section 40 of the Act, without framing the charge under the said section. This, according to him, vitiates the trial. The plea of guilt attributed to the petitioner, according to Mr. Dutta, is a conconction because he was never explained the charge nor the consequence of the plea of guilty, before the same was recorded.