( 1 ) THIS Letters Patent Appeal is directed against an order of the learned Single Judge dated 24. 9. 1998 whereby he has quashed the summary Security Court proceedings and the order of dismissal of Constable mohinder Singh from service and has ordered his reinstatement in the service with all consequential benefits.

( 2 ) THE relevant facts essential for deciding this appeal are set out as follows. Mr. Mohinder Singh, (who died and is now represented by his wife and two minor children and will be referred to hereinafter as respondent) was enrolled in the border Security Force (BSF) as a Constable in April, 1988 and became subject to the border Security Force Act (hereinafter the Act) and Border Security Force Rules (hereinafter the Rules ). In October, 1993 he was posted in b Coy of 92 Battalion BSF which was under the command of Shri Shiv Kumar Garg, Asstt. Commandant and was detailed for election duty. Some other companies of other battalions were also detailed for similar duty. All of them were under the command of one Shri U. K. Chakraborty. On 25. 11. 1993 the respondent was punished to undergo 14 days rigorous imprisonment by Shri Chakraborty on the ground that he had been unauthcrisedly absent from the campus. The imprisonment was to be carried out subsequently at the Battalion Headquarters, Kalyani which was the permanent location of 92 Battalion BSF to which the respondent belonged. He alongwith constable Dineshsaklani,sanjeev Kumar Tyagi. Vijay Bahadur Singh and Narender singh Dalal was accused of the commission of an offence of use of criminal force to chm L. G. Singh of b Coy in which they were posted. It was alleged that on 25. 11. 1993 at Krishna Nagar, Meerut where the company was then located, the respondent and his companion Constables had attacked and beaten up their immediate superior CUM L. G. Singh with fists and web belts causing him injuries on his head and other parts of the body. The respondent and other assailant constables named above, were then tried by a Summary Force Court for committing offence under Section 20 (a) of the Act. They were held guilty of the offence charged with and were convicted. While the co-accused Constable Dinesh Saklani, sanjeev Kumar Tyagi, and Narender Singh Dalal were sentenced to undergo rigourous imprisonment for 60 days each/ the respondent Constable Mohinder singh was dismissed from service. Fourth accused Constable Vijay Bahadur Singh was, however, acquitted. Feeling aggrieved, the respondent preferred a writ petition for quashing the order of the Summary Security Force Court after his statutory appeal-was turned down by the BSF Authorities.

( 3 ) THE respondent has challenged the order of his dismissal from service on various grounds. It was alleged by him that he was posted in b Coy of 92 Battalion bsf which was duly constituted by the Central Government under Section 2 (1) of the Act. The disciplinary powers upon him in terms of Rule 16 (5) were to be exercised by the Commandant of the Battalion. An ad hoc arrangement was made for performing duties at elections by constituting one SB-1 b Battalion which was placed under charge of Shri U. K. Chakraborty, Second I/c, being the seniormost officer. SB-1 Battalion was not constituted by the Central Government. Therefore, shri Chakraborty also did not have disciplinary power over the personnel of the company as Commandant under the Act and the Rules. On his illegal punishment for 14 days rigorous imprisonment on 25. 11. 1993, for his alleged few hours absence from the campus, by Shri U. K. Chakraborty/ he raised protest and intended to take legal proceeding under the Act against Shri Chakraborty and all others who were responsible for this punishment. On 14. 12. 1993 the respondent came to know that he alongwith three other Constables, namely, Sanjeev Kumar Tyagi, Vijay Bahadur singh and Narender Singh Dalal was falsely involved in a case of assault on CHM l. G. Singh on 25. 11. 1993 at 18. 30