J.K. Biswas, J. - (1.) The Petitioner is aggrieved by the order of the Deputy Inspector General, Officiating Inspector General, FTR Hq, BSF, South Bengal dated July 26, 2006 rejecting his petition filed under Sec. 117 of the Border Security Force Act, 1968. Feeling aggrieved by the order of the security force court dated March 29, 2006 finding him guilty and awarding the sentence of imprisonment for sixth months in civil prison and dismissal from services he presented the petition under Sec. 117.
(2.) By order dated February 16th, 2006 the competent commandant detailed the deputy commandant for preparing the record of evidence in connection with the charge mentioned in the order. It was alleged that while on duty on February 15, 2006 the Petitioner had improperly allowed safe passage to one civilian and one cow from India to Bangladesh and three civilians from Bangladesh to India by accepting Rs. 300/ - as gratification, other than legal remuneration, as a motive or reward for doing or forbearing to do an official act. It was mentioned that the currency notes were found in his possession. By order dated March 28, 2006 the commandant decided to try the Petitioner by a summary security force court. It is not disputed that he was empowered to do that. Consequently the Petitioner was tried by the summary security force court held at the battalion headquarters. The court tried him for offences committed under Ss. 40 and 46 of the Act.
(3.) Three points have been argued before me: (1) the authority making the order dated July 26, 2006 did not deal with the specific serious contentions raised by the Petitioner in his petition under Sec. 117; (2) the Petitioner was not allowed to examine defence witnesses at the time of trial conducted by the summary security force court; and (3) since the security force court imposed the punishment of imprisonment for six months in civil prison, in view of the provisions in Ss. 48 and 50 it was not competent to impose the punishment of dismissal from service as well.;