IMPORTANT POINT
The court upheld the legality of the General Force Court proceedings, affirming that the respondent was afforded due process and opportunities for defense.

JUDGMENT :

JOYMALYA BAGCHI, J.

1. This is a second round of litigation between the parties.

2. Respondent/writ petitioner was posted as officiating commandant of 34th Battalion, SSB, Alipurduar between 8th February, 2017 to 23rd April, 2017. A compliant was made by constable G.D. Shyam Nandan Singh of the said battalion to the headquarters SSB, New Delhi alleging respondent/writ petitioner had received undue favours from suppliers. Letter was forwarded to Front Headquarters, Siliguri and a discreet enquiry was initiated. During the discreet enquiry an anonymous letter was received and forwarded to the Front Headquarters with recommendation of Chief Vigilance Officer. Sri A.K. Pandey, Inquiry Officer conducted the court of enquiry and submitted a report of 7th December, 2017. The report was forwarded to the Assistant Director Vigilance FHQ, SSB.

3. In the meantime, respondent/writ petitioner had been posted at 35th Battalion, SSB, Patna. Accordingly, court of enquiry report was forwarded to the Inspector General, Front Headquarters, SSB, Patna. After examining the matter and obtaining approval of the Inspector General, Deputy Inspector General SHQ, SSB, Gaya directed disciplinary action against the accused as per Rule 46 of The Sashastra Seema Bal Rules, 2009 (‘SSB Rules’ for short).

4. The case was remanded for preparation of record of evidence and Sri Sanjay Kumar Gupta, second-In-Commandant, 35th Battalion, SSB, Dumka was nominated as Recording Officer. While preparing the record of evidence Recording Officer adopted the evidence recorded in the Court of Enquiry as per proviso to Rule 51(2) of SSB Rules. Questionnaires submitted by the respondent/writ petitioner were sent to the witnesses concerned but the questionnaires remained unserved/unanswered. The certified records along with the unanswered questionnaires were supplied to the respondent/writ petitioner for his response. Statement of the respondent/writ petitioner was duly recorded. In his statement respondent/writ petitioner did not raise any protest with regard to adoption of the evidence recorded in Court of Enquiry.

5. After completion of proceeding, Record of Evidence (‘ROE’ for short) was placed before the Commandant, 35th Battalion, SSB who applied to Inspector General, FTR, HQR, SSB, Patna for convening Force Court for trial of the respondent/writ petitioner on the basis of draft charge under section 49 of The Sashatra Seema Bal Act (‘SSB Act’ for short) read with section 13(1)(d)/(2) of the Prevention of Corruption Act (‘PC Act’ for short).

6. As most of the witnesses are civilians and belong to Coochbehar, West Bengal and the incident relates the affairs of 34th SSB Battalion, Alipurduar, by order dated 16th January, 2020 respondent/writ petitioner was attached to 17th Battalion, SSB, Falakata for trial.

7. Thereafter, on 19th January, 2020 Inspector General FTR, HQR, SSB, Siliguri, in consultation with the Additional Judge, Attorney General convened a General Force Court on amended charges i.e. Section 34B of the SSB Act.

8. General Force Court assembled on 27th January, 2020 and was adjourned till 3rd February, 2020. On 3rd February, 2020 respondent/writ petitioner sought for adjournment on the ground of ill health.

9. In the meantime respondent/writ petitioner approached this Court in WPA 232 of 2020 challenging the court of enquiry, ROE proceedings, reframing of charges and convening of the General Force Court on reframed charges. Initially, General Force Court proceedings were stayed by the First Court. Thereafter, the interim order was modified and the General Force Court was permitted to be convened and completed but no final order was to be passed without the leave of the Court. During pendency of the aforesaid writ petition, another writ petition being WPA 232 of 2022 challenging the General Force Court proceeding was filed. Subsequent writ petition was disposed of observing that the General Force Court should be convened and concluded in accordance with law i