ORDER

1. Heard.

2. The appellant was a Sub-Inspector in the Border Security Force (for short, “BSF”) with 36 years of service and was accused of facilitating illegal cattle smuggling at Gate No.16 on the Indo-Bangladesh Border while performing the duties as a Post-Commander. The allegation was based preliminarily on an alleged confessional statement and physical signs at the site, however no cattle or illegal gratification was recovered and there was no independent preliminarily hearing and the evidence, the appellant was tried by General Security Force Court (for short “GSFC”) and was convicted under Section 40 of the BSF Act, 1968 on the ground of his conduct being prejudicial to good order and discipline of the Force. After recording the evidence and complying with the principles of natural justice, the GSFC imposed a composite punishment of six months rigorous imprisonment and dismissal from service which was later confirmed by the authorities. The same came to be challenged by the appellant before the High Court contending inter alia and urging that the confession was obtained under coercion, the evidence relied upon is unreliable and dismissal from service was not permissible