1. THIS appeal has been preferred by the Commandant, 71 battalion, Border Security Force, Krishnagar and others including the Union of India against the judgment and order dated August 4, 1977 of a learned single judge of this Court, whereby the learned Judge made absolute the Rule Nisi issued on the application of the respondent, Shanti Ranjan Sarkar, under Article 226 of the Constitution of India.

2. THE respondent was a constable of 71 Battalion of the Border Security Force. At the material time, he was posted at Modhugari police Camp, P. S. Karimpur, District Madia. He was charged with abetment of the offence of exacting money from one Md. Mohiuddin mondal without proper authority. He was directed to be tried by the Summary Security Force Court. In the trial, he was found guilty of the charge and, by an order dated September 10, 1975 of the Summary Security Force Court, he was sentenced to undergo rigorous imprisonment in civil jail for a period of three months. He was also dismissed from service. The conviction and sentence of the Summary Security Force Court was approved by the inspector-General of Border Security Force, West Bengal by his order dated September 29, 19