- (1.) Somewhat interesting issue in regard to the judicial powers exercised by the Commandant in the BSF Battalion and the jurisdiction of his superior authority to interfere therewith arises in the present case.
(2.) Karamjit Singh Chauhan has filed this writ petition to impugn the punishment of forfeiture of seniority of rank and forfeiture of service for promotion for one year and so also the order rejecting his petition, which statedly was dismissed by passing very cryptic and non-speaking order and without affording any opportunity of hearing to him. This punishment was imposed on the petitioner by a Summary Security Force Court held on 6.5.1996 at Srinagar. The petitioner, thus, has prayed for issuance of writ of mandamus for restoring his original seniority with all consequential reliefs.
(3.) Shortly noticing, the facts are that the petitioner had joined the service in the Border Security Force (BSF) on 9.4.1973 as Head Constable. In 1985, the petitioner was posted in sector Headquarters at Bandipur. He was attached to Disposal Wing of MT Workshop at headquarters located in Srinagar. The petitioner was required to maintain documents in respect of all the vehicles. The duty to maintain and upkeep the vehicles, however, was that of the drivers with which the petitioner otherwise had no concern.;