A.C. Upadhyay, J.

1. This appeal filed by the writ Petitioner i.e. Appellant herein, is directed against the order of dismissal of W.P. (C) No. 442 of 2006, passed by the learned Single Judge, wherein the penalty of reduction in rank, from Havildar to Constable, imposed on the writ Appellant by the Respondents vide order dated 10.8.01, was challenged.

2. We have heard Mr. K. Khan, learned Counsel for the Appellant and Mr. S.C. Shyam, learned CGC appearing on behalf of the Respondents.

3. The facts, which are required to be recounted for disposal of this appeal, may be narrated, in brief as follows:

On successful completion of training, the writ Appellant was enrolled in the Border Security Force on 27.5.83 as a driver. After having rendered sincere service as a driver of the Boarder Security Force, for almost 14 years, the Appellant, in normal course of duty, was driving a Tata 407 Mini Truck bearing No. DL 1L 1089. On 09.01.1997, in a convoy of 5 vehicles, under the command of Asstt. Commandant of the unit. The Appellant's Truck was plying in serial No. 3 of the convoy and the vehicle had no iron bars and hoods on the carriage. Besides goods loaded in the Mini Truck driven by the Appellant, six other Jawans were travelling in the carriage on the direction of the officer concerned. While negotiating U-turn, the Truck driven by Appellant met with an accident. In the accident the Appellant and the cabin crew escaped with some minor injuries, however all five Jawans travelling on the carriage and the goods loaded in the vehicle were thrown on the ground. All other Jawans sustained minor injuries on their person; however, L.N.K. Abdul Aziz succumbed to the injuries sustained by him in the accident. An FIR was lodged with the Officer in-charge of Tengnoupal P.S., Chandel, Manipur, by the Respondent No. 2, Commandant of BSF, which was registered as FIR No. 3(1)/97. The said case was eventually disposed of by the learned C.J.M. Chandel by accepting the final report vide order dated 04.04.98.

4. During the pendency of the said criminal case, the Respondent No. 4 initiated a Summary Trial proceeding against the Appellant as per provision of Section 53 of the B.S.F. Act, 1968, for which recording of evidence was carried out by examining the material witnesses. The Appellant, further, contended that Shri Kuldip Singh, who was sitting beside the Driver's seat in the truck driven by the Appellant, deposed in the Security Force Court Proceeding that at the time of the accident the truck was proceeding in normal speed and it was moving in a convoy of 5 vehicles.

5. The Respondent No. 4, after initiating S.S.F.C. and approval of the competent authority vide his order dated 24.9.97, imposed punishment of "severely reprimanded" upon the Appellant for rash and negligent driving. Further, vide order dated 5th July' 97 the Respondents ordered penal recovery of a sum of Rs. 3,621/- from the Appellant as repairing costs for the damage caused to the vehicle and the weapon in the accident. Eventually the aforesaid penal recovery was realised from the salary of the Appellant. Thus, the penalty of severe reprimanding and the penal recovery of the sum aforesaid was carried out against the writ Appellant.

6. Thereafter, the Respondent No. 4 cancelled the aforesaid order dated 24.9.97 and issued another order dated 5.12.97 giving a fresh direction for holding a trial by Summary Security Force Court against the Appellant in terms of the provisions of Section 46 of the BSF Act, 1968. The Appellant was accordingly charged sheeted for rash and negligent driving under Section 46 of the Act and proceeded against. Vide order dated 20.03.98 in the trial by Court martial the Appellant was again found guilty and imposed with a punishment of reduction of one year of his service, thereby reducing his promotion and pension benefits by one year. However, surprisingly a copy of the order dated 20.03.98 was never served upon the Appellant.

7. On 03.05.01 again the Respond