JAI PAL GULARIA Vs. CENTRAL GOVT

JUDGEMENT

(1.) AN important question of law relating to holding of re-trial of a person serving in Indo Tibetan Border Police Force (for short, "ITBPF") after setting-aside an earlier trial, is raised in the present petition. In the absence of any provision permitting retrial, the question raised would deserve serious consideration.

(2.) HC /GD Jai Pal Guleria has filed this writ petition for quashing Summary Security Court Force ("SFC" for short) proceedings and the sentence of dismissal imposed on him on the ground that the proceedings are without jurisdiction. The sentence has been imposed by a Court after dissolving the earlier Summary Court Force Proceedings on the ground that those were illegal. Whether this course is a legally permissible one, thus, is an issue which arises in the present writ petition.

(3.) HAVING been enrolled in the year 1976 and 1986, the petitioners were posted to serve in 11th Battalion ITBPF in the year 1997. The Battalion was stationed at Ludhiana. In the year 1999, the petitioners were deputed to perform duties in Srinagar. Both the petitioners claim that they had unblemished service record of 25 and 15 years respectively.