EX-CONSTABLE PADH S D NO 001140131 Vs. UNION OF INDIA & OTHERS

JUDGEMENT

(1.) By way of this Writ Petition, the petitioner, who was serving as constable 'E' Coy under 19 Bn of Border Security Force (BSF), seeks to question the order dated 13.09.2014 as issued by the Commandant 19 Bn BSF, informing him of the decision of the Summary Security Force Court, awarding him the sentence of dismissal from service.

(2.) Shorn of unnecessary details, the relevant background aspects of the matter are that the petitioner was charged of offences pertaining to Sections 34(a), 40 and 19(a) of the Border Security Force Act, 1968 ('the BSF Act, 1968') on the allegations respectively of:

(3.) The petitioner has contended in this petition that the conclusion reached by the Summary Security Force Court remains perverse where the evidence on record has not been examined and the order dated 13.09.2014, awarding punishment of dismissal from service does not reflect the reasons and the basis whereby such conclusion has been reached. The petitioner further contends that the punishment provided for in the BSF Act, 1968 in respect of charging sections did not warrant punishment of dismissal from service; and such a punishment of dismissal is grossly disproportionate to the charges against him.