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12. The Sashatra Seema Bal, SSB, is an Armed Force of the Union, which is constituted under Section 4 of the Sashatra Seema Bal, SSB Act, 2007 for ensuring the security of the borders of India and performing such duties as may be entrusted to it by the Central Government. The objects and reasons of the Sashatra Seema Bal, SSB Act, 2007 states that the SSB is charged with guarding of Indo Nepal and Indo Bhutan borders and the act is also required to ensure that standards of efficiency and discipline of the Force are of a high order. The General Superintendent's direction and control of the force vests in and is exercised by the Central Government and the command and supervision of the Page No.# 8/15 force vests in an officer to be appointed by the Central Government as the Director General of the Force.

14. Chapter IV of the Sashatra Seema Bal, SSB Act, 2007 prescribed the punishments to be imposed by Force Courts. Section 51 (c) prescribes dismissal or removal from service as one of the punishments which can be imposed by the Force Courts. Section 53 permits combination of punishments. Under the said Section, the Force Court may award in addition to, or without, any other punishment, the punishments specified in Clause 'C' of sub-section 1 of Section

51.

15. Chapter VII of the Sashatra Seema Bal, SSB Act, 2007 defines under various sections the different kinds of Force Courts and the power and composition as well as dissolution of the Force Courts. Under section 76 of the Act, there are three kinds of Force Courts, namely, (a) General Force Courts; (b) Page No.# 9/15 Petty Force Courts and (c) Summary Force Courts. The powers and functions of each Force Courts are specifically described under the Act.

22. A perusal of Section 21 of the Sashatra Seema Bal, SSB Act, 2007 reveals that any offence under Section 21, if found prove, will invite a penalty to suffer imprisonment for a term which may extend to three years or such less punishment as in the Act mentioned.

23. As discussed above, there is a specific provision under the Act under Section 51 which provides for punishment by the Force Courts and which includes dismissal or removal from service.

24. Under Section 53, the force courts can impose an award any punishment in combination with the punishment prescribed under Section 51 (C), which is dismissal or removal from service. However, what is to be taken note of is that under Section 76 there are only 3 (three) courts which are prescribed, namely General Force Courts, Petty Force Courts and Summary Force Courts. Under the said Chapter VII, the procedure and the powers for constitution of each force court is prescribed. There is no provision for instituting a court of enquiry and/or powers prescribed under the act attributed to any court of enquiry for Page No.# 12/15 imposition of punishments under the Sashastra Seema Bal (SSB) Act, 2007. Although the learned counsel for the respondent attempted to persuade this court that the Court of enquiry, which was constituted and which recommended imposition of punishment, comprises of 3 (three) Officers as is evident from the record, and it is a competent authority to conduct enquiry and recommend punishment, the learned counsel for the respondent failed to point out to the relevant provisions under the act of the rules or any notification that may have been issued by the Central Government to that effect. Even assuming that the competent authority for securing the ends of justice, may institute a court of Inquiry into the allegations, it is seen that the recommendations of the court of Inquiry is for taking disciplinary action against the individual under Section 21(A), 21 (B), 21 (F) and 21 (G) of the Sashastra Seema Bal (SSB) Act, 2007.

25. Under such circumstances, the order of dismissal or removal from service by the Commandant does not appear to be as per the procedure prescribed under the provisions of the Sashastra Seema Bal (SSB) Act, 2007.

26. As discussed above, the Sashastra Seema Bal (SSB) Act, 2007 elaborately prescribes the manner and the procedure under which punishments are to be imposed on delinquent personnel of the force. Even if, the recommendations of the court of enquiry are to be accepted, the commandant on its own does not appear to be empowered under the provisions of the Sashastra Seema Bal (SSB) Page No.# 13/15 Act to unilaterally impose the punishment of dismissal or removal from service as has been done by the impugned order.