B. N. CHATURVEDI, J.

( 1 ) THE petitioner, a constable in Border Security Force (BSF), was on 11th of February, 2002, at about 8. 00 p. m. ordered by Assistant Commandant, Shri Rajiv Bhardwaj, Company Commander, to proceed from `d Coy to BOP Rajatal, A Coy situate at a distance of about 3 kms. close to the international border. He, however, did not comply with that order. On 12th of February, 2002, Shri S. K. Wadhwa, Commandant, 19 Bn. BSF ordered record of evidence against the petitioner for disobedience to his superior officer s command, which amounted to an offence under Section 21 (1) of the BSF Act, 1968. Shri K. S. Rai, second in command, in pursuance thereof, conducted proceedings relating to record of evidence on 13th of February, 2002. In the course of such proceedings, the petitioner after recording of statements of prosecution witness, on being called upon to do so, made a statement admitting that he had not carried out the orders of his Company Commander for his movement from `d Coy to `a Coy stating that he would be moving out the next day.

( 2 ) CONSEQUENT upon record of evidence, by an order dated 20. 2. 2002, Shri S. K. Wadhwa, Commandant, ordered assembly of Sum

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