DEVENDRA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner stood dismissed from service by virtue of order dated 28 -4 -2001. This order of dismissal has been called in question by the petitioner in this writ petition. Brief facts of the case are that; the petitioner was appointed as constable in the BSF on 16 -1 -1996 . He remained absent from duty from 14 -10 -2000 to 4 -1 -2001. The reason for the absence of the petitioner was that his wife had undergone an operation and remained hospitalized for the period the petitioner remained absent from duty. The notices were issued to the petitioner to resume duty on 10 -11 -2000, 20 -11 -2000 and 30 -11 -2000. After the petitioner reported for duty, an offence report was prepared on 19 -1 -2001. Recording of evidence was ordered by the authorities against the petitioner on 20 -1 -2001. Prior to the recording of ROE, the petitioner was heard on the charges on 19 -1 -2001. On 19 -4 -2001, charge sheet was served on the petitioner under section 19(a) and 40 of the BSF Act. Following charges were framed against the petitioner :

(2.) ON 19 -4 -2001, the Commandant ordered the trial of the petitioner by the Summary Security Force Court. On 28 -4 -2001 Summary Security Force Court was constituted, which was presided over by the Commandant. The petitioner is reported to have pleaded guilty to the charges, as a result of which he was dismissed from service.

(3.) THE petitioner has challenged the order of dismissal on the following grounds :