JUDGEMENT

1. IN this petition, the petitioner has called in question Order No. Estt/62/BSF/2000/SSFC/4453-54, dated 27.05.2000, ['the impugned order'] issued by the Commandant 62nd Bn. BSF he has been awarded the punishment of "reduction of rank" from the rank of Head Constable to Constable. The petitioner is also aggrieved of order of the respondents whereby the period of absence from duty i.e. 157 days has been treated as 'Dies Non'.

2 Briefly stated, the facts, relevant for disposal of this petition are that the petitioner was enrolled as Constable (GD) in BSF on 01.01.1981 and after completing his basic recruit training, he was posted to 13 Bn BSF. On 01.04.1988, the petitioner was posted to 62nd Bn. BSF. On his request, the petitioner was sanctioned 15 days casual leave w.e.f. 12.08.1999 to 31.08.1999. Later, the casual leave sanctioned in favour of the petitioner was cancelled by the Competent Authority and, instead, he was granted 60 days earned leave w.e.f. 10.08.1999 to 10.10.1999. The petitioner was required to report at Transit Camp, Jammu on 10.10.1999 to resume his duties in the Battalion deployed in Kupwara, J&K. The petitioner, however, failed to report for duty on due date. The Unit of the petitioner sent him a letter on his home address directing him to resume his duties. Instead of joining back, the petitioner sent about 07 letters, five in the month of October, 1999 and two in the month of December, 1999 requesting for extension of leave on the ground that his wife was not well. The request of the petitioner was considered by the Competent Authority and was rejected. For the act of the petitioner overstaying the leave without any sufficient cause, Court of Enquiry was ordered. On completion of Court of Enquiry and as per the remarks of the Commandant, an apprehension roll was sent to Superintedent of Police Jammu to apprehend the petitioner vide Office Letter No. Estt/62/99/2062/BSF13018, dated 21.09.1999. The petitioner was also served with a show cause notice.

3. On 16.03.2000, the petitioner, on his own, reported at Transit camp, Camp, Jammu after overstaying leave for 157 days. After the petitioner resumed his duty at Battalion Headquarter, Kupwara, he was heard on offence report under section 19(b) of the BSF Act, 1968 ['the Act'] on 31.03.2000 by the Commandant. The record of evidence was ordered, on the basis whereof, the Commandant ordered that the petitioner be tried by the Summary Security Force Court ['SSFC']. Accordingly, the convening order was issued on 25.05.2000 by the Commandant of 62nd Bn BSF for conducting trial of the petitioner under section 19(b) of the Act. After the trial was conducted in which the petitioner pleaded guilty of charge, punishment "to be reduced to the rank of constable" was awarded and the same was promulgated to the petitioner on 25.05.2000. It is this order of promulgation of sentence/punishment which is assailed by the petitioner in this petition.

4. The petitioner has pleaded multiple grounds to challenge the impugned order, but, the grounds of challenge, that were pressed during the course of arguments by learned Senior Counsel appearing for the petitioner, may be summarised hereunder:

(i) That the entire proceedings, right from the preparation of offence report till the petitioner was held guilty of the charge, have been conducted contrary to the provisions of the Act, and the Rules framed thereunder;

(ii) That the petitioner was not provided adequate opportunity of being heard during the entire proceedings, nor was his choice to have a next friend to defend him during the trial before SSFC acceded to and Mr. S.N. Goswami, Assistant C