When the Head Constable learnt about this he went to the barrack and found the Respondent sleeping.
The Respondent filed Writ Petition No.
I may be pardoned.
i disobeying the lawful companymand given by the superior officer and ii assaulting the superior officer.
He was then changed from the cadre of Driver to that of a Constable.
On this reasoning, the Division Bench set aside the Order of dismissal and directed reinstatement of the Respondent.
On 2nd March, 1997, during Court Martial, the Respondent admitted that he had disobeyed the lawful companymand and that he had assaulted his superior officer.
669 of 1998.
Some altercation took place and the Respondent gave a fist blow on the mouth of the Head Constable as a result of which the front tooth of the Head Constable was broken.
The Division Bench directed the Appellants to reinstate the Respondent latest by 1st May, 2001 without back wages.
In 1992 he met with an accident which was found to be due to his negligence.
On 3rd February, 1997 the Head Constable, who was in charge of assigning duties to the Constables working under him, directed the Respondent to go for Sentry Duty at Sector Headquarters, BSF, Silliguri.
He was punished with 28 days quarter guard and a sum of Rs.
2,405/ was recovered from him.
This was dismissed by a learned single Judge of the High Court of Rajasthan on 3rd September, 1998.
He stated that, I am a poor man, I have companymitted a mistake.
The Disciplinary Authority, on admitted facts, found the Respondent guilty of the charges and dismissed him from service.
The Division Bench imposed an order of stoppage of three grade increments without cumulative effect.
The Respondent then filed an Appeal.
The Head Constable woke up the Respondent.
Thereafter he was punished a second time for misconduct.
On 4th February, 1997 the Respondent was charge sheeted for two charges, viz.
The Respondent did number report for Sentry duty.
Briefly stated the facts are as follows The Respondent was appointed as a Driver in the Border Security Force in 1990.
N. VARIAVA, J. Leave granted.
Heard parties.
The Appellate Authority dismissed the Appeal filed by the Respondent.
This Appeal is against an Order dated 26th February, 2001.
