A Summary Security Force Court cannot try charges under Section 46 of the Border Security Force Act, 1968, summarily without established immediate necessity, and procedural violations in recording a plea of guilty renders the dismissal invalid.

JUDGMENT :

N. UNNI KRISHNAN NAIR, J.

Heard Mr. B. Chakraborty, learned counsel for the petitioner. Also heard Mr. Kamal Krishna Parasar, learned CGC, appearing on behalf of all the respondents.

2. The petitioner, herein, by way of instituting the present proceeding, has presented a challenge to an order, dated 06.08.2016, passed by the Commandant, 17^th Battalion of Border Security Force, dismissing him from service in pursuance of the decision arrived at in this connection by the Summary Security Force Court(SSFC). The petitioner, herein, has also presented a challenge to an order, dated 02-04-2017, passed by the appellate authority, dismissing the appeal preferred by him and upholding the order, dated 06-08-2016, passed by the Commandant, 17th Battalion of Border Security Force.

3. The brief facts requisite for adjudication of the issue arising in the present proceeding, is noticed, as under:

The petitioner, herein, was initially recruited as a Constable in the Border Security Force by an order, dated 27-07-2007. The petitioner, while posted at Ex-BOP, Mantrichar, Dhubri, with the 17^th Battalion of the Border Security Force; came to be placed under suspension by an order, dated 26-12-2015. The allegations levelled against the petitioner, for the purpose of placing him under suspension, was that he was involved in permitting 5(five) nos. of cattle to be smuggled from India into Bangladesh through Border Out-Post No. 1, on 23-12-2015, while he was deployed for duty, therein. The said order of suspension of the petitioner, was reviewed on 23-03-2016 and extended for a further period of 3(three) months i.e. up to 22-06-2016. Thereafter, on a further review of the said order of suspension; the Commandant, 17^th Battalion of Border Security Force, vide order, dated 23-04-2016, proceeded to revoke the order of suspension of the petitioner, herein, and reinstated him in his service with effect from 23-04-2016.

In view of the allegations existing against the petitioner, herein; the Commandant, 17th Battalion of Border Security Force, vide order, dated 13- 06-2016, directed the Deputy Commandant of the Unit of 17^th Border Security Force, to prepare a ‘Record of Evidence’ against the 2(two) charges levelled against him. Accordingly, the enquiry against the petitioner was conducted and therein, deposition of the departmental witnesses as well as that of the petitioner, herein, came to be recorded. The petitioner, during his examination in the enquiry, had admitted to the allegations levelled against him.

Thereafter, the ‘Record of Evidence’ as prepared, was placed before the Commandant, 17th Battalion of Border Security Force. The Commandant, 17th Battalion of Border Security Force, vide a communication, dated 03-08-2016, was pleased to convene a Summary Security Force Court (SSFC) for trying the petitioner, herein, with regard to the allegations levelled against him.

A charge-sheet was also framed against the petitioner in the matter and therein, 2(two) charges were levelled against him. The charge No. 1 levelled against the petitioner, herein, related to violation of the provisions of Section 46 of the Border Security Force Act, 1968, while the charge No. 2 levelled against him, pertained to violation of Section 22(e) of the said Border Security Force Act, 1968.

Thereafter, the Summary Security Force Court(SSFC) was convened in the matter and the petitioner