S. Ravindra Bhat, J. - (1.) The Petitioners are aggrieved by the respondent Border Security Force's (hereafter "BSF") action dismissing them from its services without holding any inquiry or giving them opportunity to explain their alleged misconduct in accordance with its parent law, the Border Security Force Act, 1968 ("the Act") or the Border Security Force Rules, 1969 ("Rules") framed thereunder.
(2.) The facts necessary to decide this case are that all the petitioners were enrolled as constables with BSF at different points of time. The first two Petitioners who had joined BSF in 1986 and 1987 as Constables were promoted subsequently to Head Constable and L. Naik. The third and fourth petitioners had joined the BSF in 1994 and 1997. During the months of January - February 2000, five Companies of BSF were deployed for election duty in the erstwhile State of unified Bihar. All the petitioners were in 'F' Company, which was deployed at Chatru Bandu under Police Station Ranka, District Garhwa. The area was at that time pre -dominantly active with Maoist Communist Centre (MCC) and People's War Group (PWG) activities and was considered hyper sensitive and militancy prone. It is stated that the layout of the terrain with hilly features and thick forests around provided free movements to militants. The company was accommodated in the building of a Primary School. The polling booths under Police station Ranka were quite far from each other and were located in remote interior villages. It is alleged that the sensitivity of the area and the threat to security forces were reported in newspapers much before the elections.
(3.) The petitioners contend that on 11.02.2000 the Company Commander Shri Kartar Singh, Deputy Commander briefed the troops and informed that earlier the Company was to conduct patrolling duty in 18 polling booths on the election day i.e. 12.02.2000; however, later the instructions were changed and the company was directed to be deployed at the polling booths. In view of this, one Sec. each of the company was to be deployed at a polling booth. In terms of the prevailing instructions, for the security of polling booths, a platoon consisting of 37 personnel was to be deployed. In this view, deployment of one company was alleged as highly inadequate having regard to the disturbed nature of the area.;