R UNNIKRISHNAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner, who was initially joined the Border Security Force as Constable on 27. 8. 1974, was later on posted as Constable Nursing Assistant during the year 1984. While in Service he was charged for having committed an offence under Section 40 of the Border Security Force Act vide charge-sheet dated 14. 12. 1994 and was tried by the Summary Security Force Court on 6. 3. 1995. Summary Security Force Court found him guilty of the offence and he was punished with the penalty of dismissal from service. Copy of the order of dismissal is attached as Annex. P. 1 to the writ petition which reads as under :- SENTENCE BY THE COURT Taking all these matters into consideration, I now sentence the accu- sed No. 740320635 Rank Constable Name R. Unnikrishnan of HQ R & C Frontier BSF Jodhpur to be dismissed from the service. Signed at HQ R&g Frontier this 6th day of March'95 BSF Jodhpur Sd/- (R. C. SAXENA) AD/comny/ OC TROOPE COMMANDANT HOLDING THE TRIAL"

(2.) THE contention of the petitioner is that he had served more than 20 years from the date of joining till the date of dismissal i. e. from 27. 8. 1974 to 6. 3. 1995. This period of service was reckonable to earn pension.

(3.) THE provisions of Section 48 of the Border Security Force Act in regard to the inflicting of punishments on B. S. F. personnel are para materia to Section 71 of the Army Act, 1950, under which provisions the army officers were tried and punished in the case which had come up before the Hon'ble Supreme Court as mentioned above. Section 71 of the Army Act prescribes the similar punishments, which are reproduced as under : "71. Punishment awardable by courts-martial-punishment may be inflicted in respect of offences committed by person subject to this Act and convicted by court-martial, according to the scale following, that is to say :- (a) death; (b ). . . . . . . . (c) imprisonment, either rigorous or simple, for any period not exceeding fourteen years; (d) cashiering in the case of officers; (e) dismissal from the service; (f ). . . . . . . . . (g ). . . . . . . . . (h) forfeiture of service for the purpose of increased pay, pension or any other prescribed purpose; (i ). . . . . (j ). . . . . (k) forfeiture in the case of a person sentenced to cashiering or dismissal from the service of all arrears of pay and allowances and other public money due to him at the time of such cashiering or dis- missal; (l ). . . . . . . . . . "