1. Petitioner has been tried by a Summary Security Court on 3rd October, 2001. The sentence so recorded is as under:

"To be dismissed from service".

2. In accordance with the sentence passed, petitioner has been struck off from the strength of 28th Bn. BSF C/O 56 APO by the respondent No 5 (Commandant) on the same day i.e. 3rd October, 2001.

3. Quashment of the said order including the charge framed against the petitioner is sought, as a necessary corollary relief for reinstatement has been prayed for.

4. Petitioner enrolled as Constable on 12th of July, 1989 was posted in 28th Bn. of BSF. On 14th of September, 2001 while being posted at Picket at Sauji had left the picket along with Motorola set without permission of his superiors so is alleged to have committed the offence as covered by Section 16(d) of the Border Security Force Act, 1968 (hereinafter for short referred to as "the Act"). The petitioner has been proceeded in accordance with Chapter VII of the Border Security Force Rules, 1969 (hereinafter referred to as "the Rules"). Proceedings were initiated as required in terms of Chapter IX of the Rules before the Summary Security Force Court wherein petitioner pleaded guilty resu

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