The main legal point established in the judgment is that the proceedings conducted in accordance with the BSF Act and Rules, and the plea of guilty entered by the petitioner during the Summary Security Force Court proceedings was found to be valid, leading to the dismissal being upheld.

ORDER :

1. The petitioner in instant petition has implored for the following reliefs:-

i) to quash Order No.06/70/2004/BSF/ CLO(D&L)/9560-64 dated 6/7th December, 2004, by which the Director General of BSF has rejected the appeal of the petitioner and also to quash Order No.Estt/SSFC/CT-SKyi6I/2000-2001/678-88 dated 19.1.2001 issued by the Commandant J61Bn BSF, by which the petitioner was dismissed from service and also to quash the Summary Security Force Court Proceedings, and also to quash the Charges framed against the petitioner, by issuance of writ of Certiorari; and

ii) to issue direction to the respondents to consider the case of the petitioner for re-instatement and to allow the petitioner to join and perform his duties on the post of Constable on which the petitioner was working prior to his dismissal from service and to release the salary in favour of the petitioner and to give all other consequential benefits of service to the petitioner for which the petitioner is entitled and also to treat the period from the date of dismissal to the date the petitioner rejoins the duty as 'on duty', by issuance of writ of mandamus; and

iii) to issue direction to the respondents restraining them to fill up the post of petitioner by making appointment or adjustment and also restraining the respondents to treat the period from the date of dismissal to the date the petitioner rejoins the duty as 'break in service' by issuance of writ of prohibition; and

iv) to issue direction to the respondents to produce all the original record of Departmental Proceedings and Summary Security Force Court Proceedings, before this Hon'ble Court, by issuance of writ of mandamus; and

v) to declare the Order No.06/70/2004/BSF/CLO(D&L)/9560-64 dated 6/7th December, 2004 and Order No.Estt/SSFC/CT-SK/l61/2000-2001/678-88 dated 19.1.2001 and also the Summary Security Force Court proceedings, as unconstitutional, ultra-vires and contrary to the provisions of BSF Act and Rules by issuance of writ of mandamus; OR Any other appropriate writ, order or directions as the Hon'ble Court may deems fit and proper in the facts and circumstances of the case.

2. The facts under cover of which the aforesaid reliefs have been prayed by the petitioner are that the petitioner came to be appointed as a Constable in the year 1990 under No. 91000118 in the Border Security Force (for short “the BSF”) and after undergoing training at STC Udhampur, came to be posted in 161 Bn BSF.

3. It is being stated that on 10.10.2000, the petitioner while posted at Dhumkund, Udhampur along with Head Constable Gulzar Chand, Bansi and Inspector S. N. Sharma had gone to Hella village from Kantha post, as an information was received that the militants have come to the village and consequently laid an ambush, whereafter in the morning a lady come out from the house where the ambush was laid and upon seeing the force personnel made a noise whereupon a fire sound was heard and the Head Constable Gulzar Chand ordered the petitioner to search the house and the house was searched by the petitioner along with Constable Rajbir Singh and one member of Village Defence Committee, namely, Bansi Lal.

It is being stated that during the operation the petitioner killed a renowned militant namely Pajir, whereafter the petitioner fell ill and came to be treated at BSF Hospital and while receiving treatment as advised by the pharmacist to stay in the hospital, the petitioner came to be directed to go to CDO Platoon and the petitioner was forcibly sent to the CDO Platoon, whereafter the respondents framed a false and frivolous charge-sheet against the petitioner under Section 21(2) of the Border Security Force Act, 1968 (for short “the Act of 1968”) alleging therein that the petitioner disobeyed the lawful command given by the superior officer.

4. It is stated that in the charge-sheet framed on 08.11.2000, it came to be alleged that on 04.11.2000 HC Joginder Singh had ordered the petitioner to go to CDO Platoon at CI po