JUDGMENT

AMIT MAHAJAN, J.

1. By the present petition, the Petitioner essentially challenges the correctness of the order dated 04.08.2021 (hereafter ‘impugned order’) passed by Respondent No. 5 whereby the Petitioner was found guilty of the charges under Sections 20(b), 20(c), 22(a), 40 of the BSF Act, 1968 and was sentenced to be dismissed from service.

2. Succinctly put, the relevant facts necessary for the adjudication of the present petition are as follows:

2.1. The Petitioner was working as Constable (GD) in the Border Security Force. It is alleged that on 26.07.2021, the Petitioner pointed his personal weapon towards his superior officer and used insubordinate language towards them. It is further alleged that the Petitioner neglected to obey the orders and acted in a manner that was

prejudicial to the discipline of the force. Based on the said allegations, the following charges were framed against the Petitioner :

2.2. The Petitioner was tried by the Summary Security Force Court from 02.08.2021 to 04.08.2021 post which vide impugned order, the Petitioner was found guilty of the said charges and was sentenced to be dismissed from service.

2.3. Thereafter, the Petitioner preferred a S