THE DIRECTOR GENERAL SSB AND 3 ORS Vs. SRI ANIL KUMAR UPADHYAY S/O ASHOK KUMAR UPADHYAY
LAWS(GAU)-2018-4-123
HIGH COURT OF GAUHATI
Decided on April 11,2018

The Director General Ssb And 3 Ors Appellant
VERSUS
Sri Anil Kumar Upadhyay S/O Ashok Kumar Upadhyay Respondents

JUDGEMENT

AM BUJOR BARUA,J. - (1.) Heard Mr. B. Chakravorty, learned Central Govt. Counsel for the appellants. Also heard Mr. M.H. Ahmed, learned counsel for the respondent.
(2.) The respondent, who was appointed as a Head Constable (Ministerial) in the 15th Bn. SSB had unauthorizedly entered the Mahila Barrack of the SSB on the intervening night of 14-15 April, 2013. In the circumstance, he was caught by the other lady constables/guards and the matter was reported to the Commandant of the Battalion. On 15.04.2013, he was placed under suspension. An offence report was prepared under Rule 44 of the SSB Rules 2009 and thereafter, the respondent was produced before the Commandant as required under Rule 46 of the said Rules.
(3.) In the resultant circumstance, a charge under Section 43 of the SSB Act, 2007 was prepared by the order dated 20.04.2013 to the following effect:- i. In that, No.080619545 CT/GD (Female) Rupasi Barman of 'D' Coy, of 15th Bn SSB Bongaigaon on the intervening night of 14-15 April, 2013 at about 0015 hrs while on duty as sentry of Mahila Barrack permitted No.110190026 HC(Min) Anil Kumar Upadhyay of 'HQ' Coy 15th Bn SSB Bongaigaon to enter the Mahila barracki without authority by opening the gate. ii. In that, on the intervening night of 14-15 April, 2013 at about 0015 hours she helped and aided No.110190026 HC(Min) Anil Kumar Upadhyay of 'HQ' Coy 15th Bn SSB Bongaigaon to enter into the Mahila barrack knowing fully that it was contrary to the existing SOP's thereby compromising the security of female occupants of the said barrack. In the said order, it was also provided that a female constable Rupasi Barman of the same 15th Bn. of SSB was found guilty of both the charges and was awarded the punishment of forfeiture of 02 (two) years seniority in the rank of Constable and forfeiture of 02(two) years service for the purpose of promotion.;


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