( 1 ) THE petitioner is aggrieved by the order passed by respondent No. 2, Director General of Border Security force (for short bsp ), dismissing the statutory petition filed by the petitioner against his conviction and sentence passed by the Summary Security Force Court (for short sspc ) under the Border Security Force act,1968.

( 2 ) BRIEF facts which are necessary to dispose of this petition are recapitulated as under.

( 3 ) THE petitioner was enrolled in the BSF as constable/radio Operator on 9/3/1989. Thereafter, he was promoted on 15/9/1990 as Naik/operator.

( 4 ) ON 6/10/1995 at 1 p. m. he requested his immediate superior Sub Inspector (S. I.) Suresh Chand to forward his application to the higher authorities for sanction. He refused to do so. It is alleged that the petitioner was quite upset with the reply of S. I. Suresh Chand and he caught him by his neck and pushed him in the presence of other personnel. This of course is denied by the petitioner.

( 5 ) SUB Inspector Suresh Chand proceeded for border on 7/10/1995. He came back on 9/10/1995 and was summoned by his superior Assistant Commandant M. A. Sayeed and he asked him to give a written complaint rega