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| HC dismisses BSF constable’s petition | | | EARLY TIMES REPORT
JAMMU, Nov14: Finding no force in the petition, Justice YP Nargotra J&K High Court Jammu Wing, in a petition challenging the dismissal order of a BSF constable passed on May 3, 2001, today dismissed the petition.
Justice Nargotram after hearing Adv Ajay Abrol appearing for the petitioner and Adv Ajay Sharma Additional CGSC for the Union of India referred various rule of the BSF and said that the preparation of record of evidence is an alternative to preparation of abstract of evidence. The commandant in his discretion can legally opt for any of the two. In the present case commandant has invoked rule 48 in ordering for preparation of record of evidence, therefore, there could be no legal requirement of giving time to the accused/petitioner in terms of Rule 49. There is, therefore, no force in the contention of the petitioner's counsel and petition is accordingly dismissed.
The petitioner a head constable operator in BSF was granted 54 days earned leave from February 18, 1998 to April 16, 1998 and after expiry of period of leave petitioner did not report back on duty. Thus summary security force court dismissed the service of the petitioner which was challenged by the petitioner on various grounds. |
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