( 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 groun