JUDGMENT

K. JAYACHANDRA REDDY, J.:—Whether a personal hearing is required before disposing of a petition filed under section 117(2) of the Border Security Force Act, 1968 (Act for short) against an order of the Summary Security Force Court? This in short is the question involved in this appeal filed by the Union of India.

2. The facts that give rise to this appeal may be noted at the outset. The sole respondent who was working as Mounted Constable in the Border Security Force (BSF for short) was charged for an offence undersection31(b)of the Act for extracting a sum of Rs. 14,000/- from a person without proper authority. A charge-sheet was issued to the respondent. The evidence in support of the same was recorded. Thereafter a Summary Security Force Court as provided under the Act was constituted and the respondent was put on trial on 17-2-88. During the recording of the evidence, though the respondent was given an opportunity to cross-examine the witnesses he declined to do so and according to the enquiring authorities, he pleaded guilty and prayed that a lenient view may be taken. During the trial he was also given an opportunity to examine defence witnesses, if any but he did not