Honble VERMA, J. – The petitioner, who was initially joined the Border Security Force as Constable on 27.8.1974, was later on posted as Constable Nursing Assistant during the year 1984. While in Service he was charged for having committed an offence under Section 40 of the Border Security Force Act vide charge-sheet dated 14.12.1994 and was tried by the Summary Security Force Court on 6.3.1995.

Summary Security Force Court found him guilty of the offence and he was punished with the penalty of dismissal from service. Copy of the order of dismissal is attached as Annex. P. 1 to the writ petition which reads as under :–

SENTENCE BY THE COURT

Taking all these matters into consideration, I now sentence the accu- sed No. 740320635 Rank Constable Name R. Unnikrishnan of HQ R & C Frontier BSF Jodhpur to be dismissed from the service.

Signed at HQ R&G Frontier this 6th day of March95 BSF Jodhpur

Sd/-

(R.C. SAXENA) AD/COMNY/ OC TROOPE

COMMANDANT

HOLDING THE TRIAL

(2). The contention of the petitioner is that he had served more than 20 years from the date of joining till the date of dismissal i.e. from 27.8.1974 to 6.3.1995. This period of service was reckonable to earn pension.

(3). Counsel for the

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