ORDER :

Mohammad Rafiq, J.

1. This appeal has been preferred by the Director General, Border Security Force (BSF), New Delhi and other three officers of the BSF, challenging the judgment of the Single Bench of this Court dated 15.11.2017, whereby the writ petition filed by Ex. Constable Padh SD was allowed and the order dated passed by the Commandant 19th Battalion BSF, Shillong-appellant No. 4 herein, dismissing the respondent/writ petitioner from service and the subsequent order dated 05.07.2016 passed by the Deputy Inspector General/CLO (D&L), BSF-appellant No. 2 herein, commuting the sentence of dismissal from service to rigorous imprisonment for 89 days in Force custody and forfeiture of two years of service for the purpose of promotion, were both quashed and set aside.

2. The facts of the case in brief are that the respondent/writ petitioner while serving as a Constable of 'E' Coy under 19th Battalion, BSF, Shillong, was charged under Sections 34(a), 40 and 19(a) of the Border Security Force Act, 1968 (for short the 'Act of 1968') for the following offences:-

"(a) Making a