B.N.Chaturvedi, J. - (1.) The petitioner, a BSF Constable was, on 23rd of September, 1998, posted at BOP Goalpara. On that day, after seeking necessary permission from the Commandant, he proceeded with one Tapas Kumar Mandal on his motor-cycle to Ghojadanga for his weekly purchases. On way to Ghojadanga, at Chowrangee Market, he came across with some people who had been collecting donation for DURGA PUJA. They stopped the motor-cycle and urged the petitioner for donation. The petitioner, however, refused to oblige them. Thereupon, a scuffle took place between them and the petitioner, in which the petitioner sustained an injury as a result there was some bleeding from his right ear.
(2.) On an information in regard to the incident reaching BOP Ghojadanga, one SI Subrat Mishra reached the spot. He found the petitioner in an inebriated condition there. He was badly smelling of alcohol. He also noticed that he had sustained some injury on his person. The petitioner was taken by SI Subrat Mishra to BOP Ghojadanga. Next day, the petitioner was moved to BOP Goalpara.
(3.) On 28th of September, 1998, the petitioner was placed under suspension by the Commandant. He directed Record of Evidence vide order dated 7.10.1998 and pursuant thereto, Record of Evidence was completed by one S.G. Goel, Deputy Commandant of the Unit on 9th of October, 1998. A Summary Security Force Court was held at Headquarters 127 Battalion, BSF, Tagorevilla, Calcutta, on 26th of March, 1999 and the petitioner was tried on two heads of charges reading as under:- "IST CHARGE BSF ACT -68 SEC.-40 AN ACT PREJUDICIAL TO GOOD ORDER AND DISCIPLINE OF THE FORCE In that he, at 1500 hrs on 23.9.98 at Goalpara BOP left the BOP with a civilian, namely, Tapas Kumar Manda, r/o Village Dakshinpara Ghojadanga area and consumed illicit alcohol and quarrelled with civilian, in violation of Unit order No. HQ/127 Bn/SOP/97/22644-54 dated 01.12.97 IIND CHARGE BSF ACT - 68 SEC.-26 INTOXICATION In that he, while deployed at BOP Goalpara on 23.9.98 at around 1600 hrs was found in a state of intoxication.";