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2003 Supreme(Pat) 605

CHANDRAMAULI KR.PRASAD
Ram Chandra Singh – Appellant
Versus
Union Of India – Respondent


Judgment

Chandramauli Kr.Prasad, J.

1. Petitioner was a constable in the Border Security Force. A Summary Security Force Court was held on the purported allegation that he had committed the offence of theft of 29 rounds of ammunition. The Summary Security Force Court, hereinafter referred to as the Court, held the petitioner guilty and sentenced him to suffer rigorous imprisonment for six months in a civil prison and to be dismissed from service. The petitioner was communicated the order by the Commandant on 20-2-2001. The Court was held at the Headquarter of the Border Security Force (for short Force) at Kupwara in the State of Jammu & Kashmir. The Deputy Inspector General of the Force in exercise of his power under Rule 161 of the B.S.F. Rules, 1969, remitted the sentence of rigorous imprisonment for six months in civil prison but maintained the order of dismissal from service. Said order of the Deputy Inspector General of the Force was promulgated to the petitioner on 14th of May, 2001. It seems that against the aforesaid order, the petitioner preferred statutory petition and by order dated 22nd of January, 2002 (Annexure-16), petitioner was informed that his statutory petition h













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