Anil Kumar, J.

1. The petitioner has challenged the Summary Security Force Court trial conducted against him and his consequent dismissal from service by order dated 28th April, 1999 and he has also sought the quashing of the same on the ground of being unconstitutional and violative of Articles 14 & 16 of the Constitution. The petitioner has further sought the quashing the order in appeal passed by the respondents, dismissing his appeal. He has in addition sought his reinstatement with full back wages and all consequential reliefs.

2. Brief relevant facts to comprehend the dispute are that the petitioner was enrolled with the Border Security Force at BSF STC Bangalore and after his enrollment he completed his basic training. Thereafter, he was posted to the unit on 18th February, 1994. The petitioner was thereafter, posted in `A' Coy which was deployed at Border Out Post (BOP) Govindpur.

3. On 7th September, 1998, the petitioner was on operation duty at Gate No.16 of IBB fencing, which was the responsibility of `A' Coy. The duty schedule of `A' Coy was from 0600 hours to 1200 hours.

4. At about 0945 hours on the same day, Inspector Murari Singh came to the O.P and aske