JUDGMENT :

Raja Basu Chowdhury, J.

1. The present writ application has been filed, inter alia, challenging the order dated 25th June, 2008 passed by the Summary Security Force Court (hereinafter referred to as the “SSFC”) including the sentence of dismissal of the petitioner from service, and the order passed by the Appellate Authority dated 15th January, 2009.

2. The petitioner claims to have joined the Border Security Force on 28th February, 2002 in the “D” Company of 108 of the Border Security Force (hereinafter referred to as the “BSF”) and was posted at BSF, Chapghoti, Malda, when a charge-sheet dated 8th May, 2008 was issued by the Commandant in terms of Appendix VI, Rule 53(2) of the Border Security Force Rules, 1969 (hereinafter referred to as the “said Rules”) and served on the petitioner.

3. The charge-sheet, inter alia, was not only served on the petitioner but also against one Gyani Ram who was a co-accused. Both the said Gyani Ram and the petitioner were tried by the SSFC, in a summary trial. After conclusion of the trial by an order dated 25th June, 2008, both Gyani Ram as also the petitioner were held guilty in respect of second charge, however, in respect of the first c