JUDGMENT :

1. The petitioner was enlisted in Border Security Force [“BSF”] as Constable on 28-06-1980 and after undergoing necessary basic training was posted in 84 Bn of the BSF. The petitioner states that he was then transferred to 77 Bn and thereafter to 93 Bn of the BSF. While the petitioner was posted in 93 Bn, he was charged for the offence under Section 19(a) of the BSF Act on the allegation that at 1600 hrs on 18-10-1998 the petitioner had absented himself without leave from TP/OP NO.01 of BOP Somrar ("D" Coy, 93 BN) till 2330 hrs ( total period of absence 7 ½ hrs). Another offence alleged against the petitioner, under Section 26 of the Act, was that, at 2330 hrs on 19-10-1998 the petitioner was found in a state of intoxication while performing the duty at Tent post/OP NO.01 of BOP Somrar and after holding enquiry, he was placed under arrest. The Summary Security Force Court was held thereafter and the petitioner was dismissed from service.

2. The case of the petitioner is that a false and frivolous charge under Section 19(a) of the Border Security Force Act, 1968 [ “the Act of 1968 hereafter”] has been levelled against the petitioner on the false allegation that, on 18-10-19