JUDGMENT :

Raja Basu Chowdhury, J.

1. The present writ application has been filed, inter alia, challenging the charge sheet dated 27th April, 2005, as well as the Summary Security Force Court (in short, SSFC) proceeding dated 29th April, 2005, dismissing the petitioner from service, and the order dated 17th April, 2006, passed by the Appellate Authority.

2. The petitioner claims to have joined the post of a constable in the Border Security Force (in short, BSF) in the year 1989. At the relevant point of time, when he was posted at Border outpost of Soldighi under B-Company, 138 Battalion, BSF, he was served with a charge sheet dated 7th April, 2005. Particulars of the charges leveled against the petitioner is extracted hereinbelow:

“FIRST CHARGE

BSF Act 1968, Section 40 : AN ACT PREJUDICIAL TO GOOD ORDER AND DISCIPLINE OF THE FORCE

in that he,

at BOP Soldighi on 06 April 2005 at about 0015 hrs improperly and without authority fired three rounds in Air from his Rifle 5.56mm bearing Butt No. 125, Registration No. 167385274 without regard to the safety of fellow BOP personnel.

SECOND CHARGE

BSF Act 1968, Section 26 : INTOXICATION

in that he,

at BOP Soldighi on 06 April 2005 at about 0025 hrs was