ANIL KUMAR UPADHYAY Vs. DIRECTOR GENERAL, SSB

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 11/4/2018 passed by the Division Bench of the Gauhati High Court in Writ Appeal No. 346/2017, by which the Division Bench of the High Court has allowed the said appeal preferred by the respondents herein - Disciplinary Authority and has quashed and set aside the judgment and order 2/5/2017 passed by the learned Single Judge of the High Court in Writ Petition No. 3576 of 2014, by which the learned Single Judge allowed the said writ petition and interfered with the order of punishment of 'removal from service' inflicted upon the original writ petitioner and remitted the matter to the Disciplinary Authority, the original writ petitioner - delinquent has preferred the present appeal.

(2.) The appellant herein was serving as a Head Constable (Ministerial) in the 15th Battalion of the Sashastra Seema Bal (SSB), Bongaigaon. He was charged with violation of good order and discipline under Sec. 43 of the Shashastra Seema Bal Act, 2007 (hereinafter referred to as the 'SSB Act'), for having entered the Mahila Barrack of the Battalion at around 00:15 hours, on the intervening night of 14th - 15/4/2013. He was charged with indiscipline and misconduct leading to compromising the security of the occupants of the Mahila Barrack. He was apprehended inside the Mahila Barrack by six female constables. The matter was reported to the superiors. He was placed under suspension. A departmental enquiry was initiated against him. The appellant pleaded not guilty to the charges and the Deputy Commandant of the Battalion was ordered to ensure the Record of Evidence (ROE). During the ROE, the statements of prosecution and defence witnesses were recorded. He was afforded an opportunity to cross-examine the prosecution witnesses. That the ROE was submitted by the Deputy Adjutant and after due consideration of the same, the Battalion Commandant heard the appellant and under the SSB Rules, the Summary Force Court (SFC) was ordered against the delinquent - Head Constable.

(3.) Ms. Ankita Patnaik, learned counsel has appeared on behalf of the appellant and Ms. Vaishali Verma, learned counsel has appeared on behalf of the respondents - disciplinary authority.