AMRITA SINHA,J. - (1.) The petitioners in both the writ petitions were Constables attached with 120 Battalion, Border Security Force (BSF in short). Both of them were charge sheeted on 10th January, 2011 on identical charges. Both pleaded guilty before the Summary Security Force Court (SSFC in short) and both were dismissed from service for offences committed under section 40 of the Border Security Force Act, 1968.
(2.) As the issues involved in both the writ petitioners are identical they are taken up for consideration analogously and are disposed of by this common judgment.
(3.) A charge sheet was issued against the petitioners by the Commandant 120 BN BSF on 10th January, 2011. The charge was "in connivance with civilian improperly helped smugglers to smuggle cattle through IBBF gate no. 1 of BOP CHAINA GAR". On 12th January, 2011 a proceeding was conducted by SSFC and the petitioners were dismissed from service. The petitioners filed a petition under section 117(2) of the Border Security Force Act, 1968 before the Director General, BSF praying for withdrawal of the order of punishment. The said petition not being considered the petitioners approached before this Hon'ble Court by filing writ petition which was heard and disposed of by this Court directing the Director General to dispose of the petition filed by the petitioners within a specified time. In compliance of the order of this Hon'ble Court the said respondent considered the petition filed by the petitioners and dismissed the same being devoid of merit. The order of dismissal passed by SSFC and confirmed by the appellate authority is impugned in the instant writ petition.;