SUNIL GAUR, J.

1. On 28th July, 2001, the petitioner, who was a constable in the Border Security Force (hereinafter referred to as BSF) and was performing observation duty at the border outpost in Ram Nagar from 1200 Hrs. to 1800 Hrs. on the International Border between India and Bangladesh, was tried by Summary Security Force Court (hereinafter referred to as SSFC) on the charge of giving free pass to smugglers to smuggle approximately 100 cattle from India to Bangladesh. Vide order dated 11th August, 2001, the petitioner was found guilty of the aforesaid misconduct and awarded a sentence of dismissal from service. It is a matter of record that the petitioner’s co-delinquent-Constable Shiv Shankar Singh, who was also performing duty at the same border outpost, was also awarded a similar penalty. The penalty imposed upon the petitioner was approved by the Reviewing Officer on 25th January, 2002, and the statutory petition against the afore-referred conviction preferred by the petitioner stood dismissed by the Directorate General, BSF and the said dismissal of the statutory petition was conveyed to the petitioner vide impugned communication dated 17th February, 2003 (Anne