JUDGMENT

S.N. Variava, J.-Leave granted.

2. Heard parties.

3. This Appeal is against an Order dated 26th February, 2001. Briefly stated the facts are as follows:

The Respondent was appointed as a Driver in the Border Security Force in 1990. In 1992 he met with an accident which was found to be due to his negligence. He was punished with 28 days quarter guard and a sum of Rs. 2,405/- was recovered from him. He was then changed from the cadre of Driver to that of a Constable. Thereafter he was punished a second time for misconduct.

4. On 3rd February, 1997 the Head Constable, who was in-charge of assigning duties to the Constables working under him, directed the Respondent to go for Sentry Duty at Sector Headquarters, BSF, Silliguri. The Respondent did not report for Sentry duty. When the Head Constable learnt about this he went to the barrack and found the Respondent sleeping. The Head Constable woke up the Respondent. Some altercation took place and the Respondent gave a fist blow on the mouth of the Head Constable as a result of which the front tooth of the Head Constable was broken.

5. On 4th February, 1997 the Respondent was charge-sheeted for two charges, viz. (i) disobeying the