Patherya, J. - (1.) This appeal is filed from the order dated 27th September, 2013. By the said order, the writ petitioner/respondent, Raushan Kumar Singh, a Constable of 136 Battalion, BSF was reinstated on and from the date of passing the said order.
(2.) The Proceeding of the Summary Security Force Court (SSFC) was vitiated, the writ petition was allowed and the relief granted.
(3.) Counsel for the appellant, Union of India represented the Border Security Force. Charge was initiated against the writ petitioner on 1st August, 2005 under Rule 153 (2) against the writ petitioner under Section 40 of the 1968 Act, for an omission prejudicial to good order and discipline of the Force. Charge sheet was served on the writ petitioner and though received, no answer was given thereto. In the absence of the representation given, the Summary Security Force Court (SSFC) proceeded in compliance with the principles of natural justice, all opportunity was given to the writ petitioner after hearing to all concerned, passed the order dated 4th August, 2005.;