Judicial review under Article 226 extends to the examination of the decision-making process in disciplinary proceedings, ensuring the findings are rational and supported by credible evidence.

JUDGMENT :

OM PRAKASH SHUKLA, J.

1. The petitioner has filed the present petition assailing his dismissal from service and his conviction under Section 354 and Section 323 of the Indian Penal Code, 1860[“IPC”, hereinafter], by the General Security Force Court, [“GSFC”, hereinafter] constituted under the Border Security Force Act, 1967[“BSF Act”, hereinafter].

2. Shorn off unnecessary details, the facts as noted from the petition would be that the petitioner was enrolled as CT. (GD) bearing No. 944554474 in the Border Security Force[“BSF”, hereinafter] on 06.04.1994 as Constable and with an unblemished career in the force.

3. In the year 2010, 70 Bn BSF was deployed along the Indo- Bangladesh border under Tripura Frontier BSF, and the petitioner was among those who were deployed. On 29^th November 2020, "D‟ Coy 70 Bn was deployed at Border Out Post, [“BOP” hereinafter] Amzadnagar near Belonia, district South Tripura. On the same day at about 5:30 hrs, CT. V Velusami and CT. Santosh Singh Jat left the aforesaid BOP for Observation Point, [“OP” hereinafter] duty, at OP No. 3 along the border. At the same time, a dog patrolling team comprising of CT. Ashwani Kumar and CT. Rajesh Singh also left the BOP for patrolling along with border, who were later joined by the petitioner.

4. A s per the substratum of the matter, apparently around 7:45 am, the petitioner received information through his sources that 4-5 head of cattle would be smuggled to Bangladesh from Amzadnagar. Upon receiving the information, the petitioner told CT. V. Velusamy and CT. Santosh Kumar that he is going to check the suspected location for smuggling and would call them via wireless, if required.

5. Apparently, when the petitioner reached near the rubber plantation, he spotted one Mr. Abdul Kalam hiding in the bushes. He was there to facilitate smuggling of cattle and was speaking on his mobile phone. As soon as the said Mr. Abdul Kalam saw the petitioner, he started shouting "BSF BSF Bhago goru bhagao’ (BSF BSF run shove the cow) and running towards the rubber plantation. While running, he got stuck in one of the bushes and fell down. His mobile phone also fell which was later picked up by the petitioner and was submitted to the P S Belonia. Furthermore, the petitioner spotted cattle with one Mr. Khokha Mia (father of the said Mr. Abdul Kalam) near the rubber plantation. The petitioner moved towards Mr. Khokha Mia and the cattle with an intention to catch them. After hearing the shouts of Mr. Abdul Kalam, his father Mr. Khokha Mia, his brother one Mr. Badshah Mia and some other persons including some females, who were apparently waiting behind the bushes to assist in Mr. Abdul Kalam in moving the cattle, came towards the petitioner and began assaulting him with the bamboo sticks, dah etc.

6. It is the case of the petitioner that, after he ran towards OP No. 3 he called CT. V. Velusamy and CT. Santosh Kumar Jat through wireless set for help. Both of the BSF personnels reached at the spot and saved the petitioner from the mob by shielding him. By that time, Mr. Khokla Mia along with his companion miscreants had already injured the petitioner. During the scuffle between the BSF personnels and the companion miscreants, Mr. Abdul Kalam snatched the rifle from CT Santosh Kumar Jat. During the said altercation, few persons from the mob including women tried to snatch the charged rifle from him. In this process, the trigger of the weapon was pressed and gunshot got fired and bullet accidently hit Mr. Khokla Mia. Mr.Khokla Mia succumbed to his injuries on the same day.

7. Thereafter, the Offg. Coy Commander D Coy and Commandant 70 Bn BSF reached the spot and after verifying the said incident, took BSF personnels to BOP Amzadnagar. From BOP, the injured petitioner and CT. Santosh Kumar Jat were taken to Belonia hospital. On the same day Offg. Coy Commander of D Coy filed an FIR against Mr. Khokha Mia, Mr