EX HC PRADIP KUMAR HAJONG Vs. UNION OF INDIA
LAWS(MEGH)-2021-2-36
HIGH COURT OF MEGHALAYA
Decided on February 25,2021

Ex Hc Pradip Kumar Hajong Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

BISWANATH SOMADDER,J. - (1.) The subject-matter of challenge before this Court in the instant writ proceeding is an order of conviction passed against the writ petitioner by the General Security Force Court on 10th December, 2013, as well as the order of confirmation, which was issued pursuant thereto by virtue of which, the writ petitioner has been convicted and sentenced to imprisonment for life and consequently dismissed from service. The writ petitioner has prayed, inter alia, for quashing or setting aside of the said order of conviction as well as his reinstatement in service.
(2.) The writ petitioner was a constable with the Border Security Force (BSF). The General Security Force Court passed an order of conviction against the writ petitioner for having shot dead a fellow constable, namely, Sushil Kumar Singh, who belonged to the same Unit; thereby committing murder. This order dated 10th December, 2013, passed by the General Security Force Court was challenged by the writ petitioner before the Director General, Border Security Force, in appeal, under section 117(2) of the Border Security Force Act, 1968 (as amended till date). This appeal was finally disposed of by an order dated 22nd June, 2015, passed by the Deputy Inspector General/CLO (D&L) for Director General, Border Security Force. By the said order dated 22nd June, 2015, the order of conviction passed earlier by the General Security Force Court on 10th December, 2013, was upheld and the appeal petition filed under section 117(2) of the Border Security Force Act, 1968, stood dismissed.
(3.) The writ petitioner in the present writ petition has not challenged the order dated 22nd June, 2015, passed by the statutory appellate authority. The order of conviction passed by the General Security Force Court dated 10th December, 2013, has merged into the order of the statutory appellate authority dated 22nd June, 2015. Since the scope of the writ petition is limited to the order of conviction dated 10th December, 2013, which has now merged into the order of the statutory appellate authority dated 22nd June, 2015, we are unable to consider the writ petitioner's case as sought to be made out in the writ petition. The writ petitioner, however, is at liberty to take further steps in the matter in accordance with law, should he decide to challenge the order of the statutory appellate authority dated 22nd June, 2015.;


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