GITA MITTAL, J. -- By this writ petition, the petitioner assails an order and sentence dated 17th February, 1999 passed by the Summary Security Force Court (hereinafter referred to "SSFC" for brevity) finding the petitioner guilty of an offence under Section 26 of the Border Security Force Act, 1968 (hereinafter referred to "BSF Act" for brevity) and the sentence of dismissal from service. The petitioner also assails the action of Deputy Inspector General, respondent no. 2 in countersigning the dismissal order on 8th April, 1999 and the order dated 13/16th August, 1999 whereby the petitioner's revision petition under Section 117 (2) of the BSF Act was rejected by the respondent no.2.

2. The petitioner was enrolled on April, 1986 into the Border Security Force. In 1995, he was promoted as a lance naik and finally posted to 130Bn B.S.F. located at Salbagan, Tripura in which position he was serving at the time of the incident resulting in the passing of the impugned orders.

3. It is alleged that while returning from patrolling duty along with Inspector D.K. Das on 26th December, 1998 at about 1700 hours, the petitioner got down in Madhopur on the pretext that he wanted to buy meat. Thereafter, information was received by Inspector D.K. Das at about 1830 hours to the effect that the lance naik 'Ustad' was going to die for the reason that he was moving towards a dangerous area in Deo Verma village in a state of intoxication carrying meat and was abusing everybody he met on his way. On receipt of this information, Inspector D.K. Das immediately reached the spot along with four other officials. Both the petitioner and a civilian were brought back to the headquarters for further proceedings. On a physical examination of the petitioner, a liquor bottle was found concealed inside the petitioner's shirt which fell down and broke, besides packets of cigarette and two match boxes.

4. A written complaint dated 27th December, 1998 was made by Inspector D.K. Das in this regard to the Commandant and Sh. P.V. Eappen, D.C. In this complaint, Inspector D.K. Das had informed the Commandant, 130 Bn., BSF, Salbagan (Agartala) that the petitioner was a habitual drunkard & that instead of performing statutory duties, the force personnel were compelled to protect the petitioner because of his wayward behaviour. Reference was also made to an earlier incident of 24th December, 1998 involving the petitioner as well and it was submitted that proper action be initiated against him.

5. On this complaint, the Deputy Commandant, Shri P.V. Eappen, who was also adjutant of the company, endorsed the following remarks:-

"L/NK. Vimal Kumar Singh is a habitual drunkard and complaints against him have been continuously received. Recently he has been punished U/S 26. As he is not likely to improve nor is there any effect of minor punishment on him, a strict disciplinary action may kindly be initiated against him."

6. The commandant proceeded to hear the charge in accordance with Rule 45 of the Border Security Force Rules, 1969 (hereinafter referred to "BSF Rules" for brevity). An offence report dated 28th December, 1998 under Rule 43 was prepared alleging that on 26th December, 1998 at about 1700 hours, the petitioner was found in the state of intoxication at Madhopur Market. The list of witnesses was also mentioned in the offence report. So far as the documents relied upon were concerned, only the complaint dated 27th December, 1998 was referred to. The respondents have contended that the charges against the petitioner were read out and explained and the available documents furnished to him. Opportunity to cross-examine the five prosecution witnesses was given which was declined by the petitioner.

7. On completion of hearing of the charge, Shri Raj Singh, the Commandant, 130 Bn, BSF directed preparation of an Abstract of Evidence under Rule 49 of the BSF Rules and detailed the aforesaid Shri P.V. Eappen, Deputy Commandant for the same.

8. In the abstract of ev