( 1 ) THE petitioner in this writ petition questions the legality of the Summary Security Force Court ( hereinafter for the sake of brevity referred to as, ssfc ) wherein by reason of the impugned order he was not only dismissed from his services but was also sentenced to undergo 4 months rigorous imprisonment.

( 2 ) THE basic fact of the matter is not in dispute. The petitioner joined Border Security Force ( hereinafter for the sake of brevity referred to as, bsf ) as a Constable in the year 1980 and was promoted to the post of L/nk. In January, 1999 he was posted at BOP Lalghat at Indo- bangladesh Boarder in 62 Bn BSF, where HC Mohinder singh was the Post Commander. As the festival of Lohri fell on 13. 01. 1999 and certain items were required therefor, he was directed to accompany HC mohinder Singh for patrolling to Barsora along the border on 12. 01. 1999 and to bring certain items for the troops on account of the said festival. However, allegedly while coming back from Barsora, he and hc Mohinder Singh noticed some Bangladeshi intruders carrying wood from India to Bangladesh and on being challenged by them, the intruders started running upon throwing away the sam