JUDGMENT :

Through the instant petition preferred under Article 226 of the Constitution of India read with Section 103 of Constitution of Jammu and Kashmir, the petitioner has sought the issuance of a writ in the nature of Certiorari for quashing order No. Estt/SSFC-51Bn/90Bn/09/1064999 dated 05.06.2009 issued by respondent No.3 and order dated 19th July, 2010 passed by respondent No.2. The petitioner has questioned order dated 05.06.2009 issued by Commandant, 90 Battalion BSF by which punishment of dismissal from service has been imposed upon him, inter alia, on the ground that respondent No.3, while passing the order of dismissal from service, has not followed the provisions of Rule 45 of Border Security Force Rules of 1969. The order dated 19th July, 2010 passed by respondent No.2 in the statutory appeal filed by the petitioner upholding the order dated 05.06.2009 has also been questioned on the ground that the appellate authority i.e. respondent No.2 herein while rejecting his statutory appeal filed under Section 117(2) of BSF Act did not grant any opportunity of hearing to the petitioner which was necessary in this case and, therefore, the order passed by respondent No.2 in the