S.B.Sinha, J. - (1.) The petitioner in this application has, inter alia, questioned an order of punishment imposed upon him to quash order dated 10.7.92 and 29.1.93 as contained in annexure 'C' and 'G' respectively to the writ petition.
(2.) The basic fact of the matter is not in dispute. The petitioner at all material times was working as a Head Constable in the 12th Battalion of the Border Security Force. He was charge sheeted on two charges as would appear from the charge sheet which is contained in annexure 'G' to the writ application and read as follows:- "1."Leaving his picauet without orders from his superior officer in that he, at picquet Bornberia on 10.3.92 left the said picquet at about 2130 hrs. without orders from his superior officer." 2.An act prejudicial to good order and disciplines of the force in that he, on 10.3.92, while on Naka duty in area village Bornberia within the jurisdiction of BOP Bomberia improperly and without authority ordered constable Baldev Singh to open fire on a civilian marriage party, consequent to which 3 persons sustained bullet injuries."
(3.) The petitioner was placed under close arrest with effect from 2.1.93 (which according to the respondents bears a wrong date) by an order which is in the following term:- "Whereas No. 71310032 HC Randhir Singh of this unit has been charged with an Offences under section 16(d) and 40 of BSF Act 1968 committed on 10.3.92 at BOP Bornberia at about 21.30 hrs. left the said picquet without orders from his superior officer and while on Naka duty in area village Bornberia within the jurisdiction of BOP Bornberia improperly and without authority ordered Constable Baldeb Singh to open fire on a civilian marriage party, consequent to which 03 persons sustained bullet injuries. I hereby direct that the said No. 71310032 HC Randhir Singh be placed under close arrest with effect from 02.1.93 (F.N.) till the finalisation of proceedings against him in the interest of discipline of the Force.";