- (1.) The petitioner has approached this Court under Articles 226 and 227 of the Constitution of India praying for writ of certiorari quashing orders Annexures P-6 & P-10, whereby he has been dismissed from service and his statutory appeal against the order of dismissal has also been rejected.
(2.) Having been initially selected and appointed in the Border Security Force on 1.3.1989 (wrongly mentioned in the petition as 11.8.1999), the petitioner had joined duties at Hazaribagh, Bihar. The alleged incident for which the petitioner has faced trial by Summary Security Force Court took place on 7.4.1999. It is alleged that the petitioner used criminal force against his superior namely SI (G) PC Sharma. For this, the petitioner was placed under close arrest on 8.4.1999 and remained so till the conclusion of the trial proceedings against him.
(3.) The petitioner has alleged that he has been framed and falsely involved in this concocted allegation. As per the petitioner, SI(G) PC Sharma was inimical towards him. He had allegedly demanded money and on the refusal of the petitioner, the complainant got angry and threatened the petitioner. The petitioner has stated that at the time of incident, he was playing volleyball and was called by the complainant to his room. The complainant allegedly demanded money with regard to the firewood of the mess and on refusal, he had made this false allegation against the petitioner.;