JUDGMENT

Petitioner while he was working as Constable in 'C' Coy of the 41st Batallian of the Border Security Force in West Bengal was tried for the offence punishable under Section 302 IPC before the General Security Force Court as provided under the Border Security Force Act, 1968 and the Rules framed thereunder.

2. The gravamen of the charge levelled against the petitioner was that he had committed murder of Constable Brij Mohan on January 13, 2003 by inflicting certain stab injuries on him. The Presiding Officer of the General Security Force Court passed Ext.P1 order holding the petitioner guilty of the charge and convicted and sentenced him to undergo imprisonment for life under Section 302 IPC.

3. The above order passed by the General Security Force Court was confirmed by the “Confirming Officer” as could be seen from Ext.P1 order itself. Thereafter, petitioner was dismissed from service and his name was struck off the strength of 41 Bn BSF with effect from June 29, 2005. The said order issued by the Commandant of the Batallion concerned is on record as Ext.P2.

4. Petitioner had challenged the order passed by the Confirming Officer before the Central Government as provided under