JUDGMENT :

1. The petitioner, Anil Kumar Upadhyay, was recruited into the Border Security Force, [hereinafter “BSF”] on 01.01.1991 as a Constable (Radio Operator). He was subsequently promoted to the rank of Naik (Radio Operator) in 1992 and then to Head Constable (Radio Operator) in 1997. He served in various postings and, at the time of the relevant events in 2003, he was attached to the 126^th Battalion, BSF, which was stationed at Nalkata, Tripura.

3. On 27.08.2003, the Petitioner was examined by a Psychiatrist at the Government Hospital, Agartala, who prescribed medication and advised close observation. The OPD slip dated 27.08.2003 mentioned to keep a close observation to avoid self-harm or injury to others.

5. The petitioner, when approached by the Battalion Havildar Major (BHM), stated that he had remained in the barracks during the night of the incident and had not left his bunk. Nevertheless, on 23.09.2003, the Commandant ordered Vikram Singh, who was the Assistant Commandant to prepare a Record of Evidence, [hereinafter “RoE”] under Rules 45 and 48 of the Border Security Force Rules, 1969,[hereinafter