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Issues: (i) Whether the appellant could successfully contend that he was denied an opportunity to engage counsel or to select a friend of his choice in the summary security force court proceedings. (ii) Whether the punishment of dismissal from service was so disproportionate to the misconduct proved as to warrant interference in judicial review. (iii) Whether the appellant's conduct while in custody fell within the scope of misconduct under Section 22 of the Border Security Force Act, 1968.
Issue (i): Whether the appellant could successfully contend that he was denied an opportunity to engage counsel or to select a friend of his choice in the summary security force court proceedings.
Analysis: The contention was not found to have been raised and pressed before the High Court, and no material was available to displace the judicial record. The appellant also did not raise any such objection before the summary security force court. In these circumstances, the challenge based on alleged denial of representation could not be entertained for the first time in the appeal.
Conclusion: The contention was rejected and no relief was granted to the appellant on this ground.
Issue (ii): Whether the punishment of dismissal from service was so disproportionate to the misconduct proved as to warrant interference in judicial review.
Analysis: The appellant pleaded guilty to both charges and failed to establish any mitigating circumstance or medical basis for refusing meals and declining to perform pack drill. In a disciplined uniformed force, repeated insubordination and deliberate defiance of authority are serious matters. The doctrine of proportionality permits interference only where the sentence is outrageously disproportionate or shocks the conscience, and the present case did not meet that threshold.
Conclusion: The punishment of dismissal from service was held not to be disproportionate.
Issue (iii): Whether the appellant's conduct while in custody fell within the scope of misconduct under Section 22 of the Border Security Force Act, 1968.
Analysis: The Court held that a member of the force does not cease to be subject to service discipline merely because he is in internal custody undergoing punishment. Section 22 is enough to cover neglect of a general, local or other order, and refusal to take meals and refusal to perform drill while in custody amounted to conduct attracting the provision. The appellant remained a member of the force and was obliged to obey lawful commands and regulations.
Conclusion: The appellant's conduct was held to fall within Section 22 of the Border Security Force Act, 1968.
Final Conclusion: The conviction and disciplinary action were upheld, and the High Court's refusal to interfere was sustained.
Ratio Decidendi: In judicial review of disciplinary action against members of a uniformed force, punishment will not be interfered with unless it is shockingly disproportionate, and a person remains subject to service discipline even while in internal custody.
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