The plea of guilt must be recorded in accordance with the procedural rules, and the absence of the accused's signature on the minutes of the proceedings can impact the credibility of the plea.

JUDGMENT :

1. The petitioner was appointed as a Constable in BSF in the year 2000. He was found to be suffering from tuberculosis and remained under treatment in BSF Hospital, wherefrom he was referred to Chest Disease Hospital, Jammu. He remained there under treatment for 9 months. The petitioner was sent for training at STC, BSF Udhampur despite the fact that he had intimated his superiors about the disease, he was suffering from. On 20.02.2003, at the training ground due to severe pain, the petitioner almost collapsed but his instructor instead of taking him to Hospital or showing any sympathy; assaulted, slapped and kicked him several times and used filthy language against him. The petitioner, as such, left for Jammu for better treatment. On 21.02.2003, the petitioner being unable to move to his unit stationed at Sunderbani, sent a detailed representation to the IG, BSF Paloura and its copies to DIG, Udhampur and to his Commanding Officer. After recovering from the disease, the petitioner reported for duty but was arrested and awarded punishment for 7 days rigorous imprisonment. Thereafter, the petitioner was again sent for the same rigorous training at STC, Udhampur and the same Instructor against whom the petitioner had made complaint told him that he would make the petitioner do such exercises which would be fatal for him as he had dared to report against him. On being confronted with such a situation, the petitioner left a leave application with his immediate In-charge and left for Jammu, where he remained under treatment for about 30 days. The petitioner claims to have reported on duty on 10.04.2003 but on 23.04.2003, he was again arrested and put behind bars.

2. It is averred in the petition that the petitioner was charged under Section 19 (a) of the BSF Act 1968. A Summary Security Force was constituted and after the completion of the trial, which was a sham trial, the petitioner was convicted vide order dated 10.05.2003 and dismissed from service. The petitioner through the medium of the present petition has assailed the order dated 10.05.2003 (for short “the order impugned”), whereby the petitioner was convicted and sentenced. A further prayer has been made by the petitioner that the respondents be directed to allow the petitioner to join duty and pay all emoluments and other benefits, which he was availing before the dismissal.

3. The petitioner has assailed the order impugned on the following grounds:

A. That the petitioner could not have been charged for any offence under section 19 (a) of BSF Act, as the petitioner had applied for leave on medical grounds as he was having a serious health problem.

B. That the petitioner was not allowed to cross-examine the prosecution witnesses and, he never stated that he did not want to cross-examine those witnesses.

C. That the petitioner was required to be tried by a General Security Force Court and not by a Summary Security Force Court (for short “the SSF Court”).

D. That ADIG was not competent authority to order for trial by a Summary Security Force, as provided under Section 80 of the BSF Act.

4. The respondents have filed the response stating therein that the petitioner was appointed as a Washer-man in the 29 Bn BSF on 09.12.1996 and later he was re-mustered from Washer man to Constable on his own request on 11.05.2000. He joined 136 Bn BSF on 28.02.2000 on permanent posting from 29 Bn BSF. The petitioner was admitted in Chest Disease Hospital Medical College, Jammu w.e.f. 05.02.2001 to 14.02.2001. He was discharged with the advice to take bed rest for one week and to come for follow up consultation. Considering his health, the Medical Board was constituted and as per recommendation, he was placed under Low Medical Category and after considering the level of recovery his medical category was upgraded, as he was fit to undergo basic recruit training. He was placed in Low Medical Category only for a short period of 6 months from 07.03.2002 to 07.09.2002 on the recommendation of