DES RAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER was serving the Border Security Force as Head Constable when, pursuant to the findings of, and sentence awarded by, the Summary Security Force Court constituted by the Commandant 11th Bn, Border Security Force, for the trial of the petitioner, he was reduced to the rank of Constable.

(2.) HE has filed this petition, seeking quashing of Commandant 39 BSFs order of February 17, 1998 besides seeking directions against the respondents to permit him to perform his duties as Head Constable.

(3.) REFERRING to the pleas raised in the petitioners writ petition, his learned counsel submitted that the respondents had convicted and sentenced the petitioner, without holding a Court of Enquiry which according to the Learned counsel was a pre -requisite for holding the petitioners trial. He submitted that the petitioners trial was in violation of the provisions of the Border Security Force Act and Rules framed there under which was liable to be set aside additionally because the respondents had failed to provide opportunity of hearing and right of cross -examination of the witnesses whose statement had been used against the petitioner, to the petitioner, before concluding the trial.