Excelsior Correspondent
JAMMU, Apr 19: High Court of Jammu & Kashmir and Ladakh has held that Summary Security Force Court was not competent and lacked jurisdiction to try ‘civil offences’ under Section 46 of the BSF Act 1968 and quashed the punishment of dismissal from service imposed on the petitioner.
The order has been passed in a petition filed by Sumanta Dutta seeking quashment of Order No. Estt/THQ/55Bn/SSFC-SD/04/13354-62 dated 29.11.2004 issued by the Commandant 55 Bn BSF by which the petitioner has been awarded punishment of dismissal from service and also to quash the Summary Security Force Court proceedings and the charges framed against the petitioner.
After hearing Senior Advocate Surinder Kour with Manpreet Kour for the petitioner, Justice M A Chowdhary observed, “the imposition of punishment of dismissal from service vide impugned Order No. Estt/THQ/55Bn/SSFC-SD/04/13354-62 dated 29.11.2004 by the Summary Security Force Court, without jurisdiction, is nullity in the eyes of law and accordingly, the same is quashed along with all the proceedings”.
“As a consequence thereof, the petitioner is entitled to be re-instated in service. Since the civil offence of outraging the modesty of school girl children punishable under Section 354 RPC, is a serious charge, the respondents shall be at liberty to proceed against the petitioner in a competent Security Force Court, afresh”, High Court said, adding “the payment of back wages shall be subject to the fact, as to whether the respondents choose to prosecute the petitioner or not and in case they do not prosecute him, the petitioner shall be entitled to full back wages from the date of dismissal till his reinstatement”.
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