C.W.P No.3368 of 2011 #1# IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P No.3368 of 2011 Date of decision: 24.2.2011. Ravish Chander .............Petitioner v Union of India and others ..............Respondents CORAM: HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.Sajjan Singh, Advocate for the petitioner. Jaswant Singh,J By filing the present writ petition under Article 226 of the Constitution, petitioner, who is a Constable in the BSF, has prayed for setting aside the impugned order dated 5.11.2009 (P.3) passed by respondent No.2-Inspector General, Border Security Force whereby his statutory petition dated 10.2.2009 for setting aside the punishment of 14 days pay fine has been dismissed. Learned counsel for the petitioner has argued that the petitioner has been awarded 14 days pay fine illegally and arbitrarily on account of being charged with refusal to come on duty on 3.12.2007. It is further argued that the petitioner has donated blood on 1.12.2007 and he was given 5 days rest by the doctor. It is also argued C.W.P No.3368 of 2011 #2# that no copy of summary trial proceeding has been supplied to the petitioner and the impugned order dated 5.11.2009 (P.3) is in violation of the Border Security Force Act and Rule framed thereunder. Heard learned counsel for the petitioner and perused the record. A perusal of the impugned order dated 5.11.2009 (P.3) reveals that the petitioner was heard by his Commandant under BSF Rule 45 for a charge under Section 40 of the BSF Act and he pleaded guilty. Consequently, the punishment of 14 days pay fine was imposed for his unauthorized absence from duty for the period from 1.12.2007 to 6.12.2007. It would further not be out of place to mention here that although there is no provision for preferring any such statutory petition against the summary trial punishment awarded to the petitioner still his case was re-examined and petition dated 10.2.2009 was considered in view of the direction of this Court dated 11.9.2009 passed in CWP No.7411 of 2009. The impugned order was passed on 5.11.2009 whereas the present writ petition has been filed on 23.2.2011 i.e after a period of more than one year and even the so-called statutory petition dated 10.2.2009 is not appended with the writ petition for the reasons best known to the petitioner. Admittedly, the petitioner is a Constable in the BSF and being a member of the disciplined force, he is supposed to discharge his duties with utmost sincerity and when he himself has admitted his C.W.P No.3368 of 2011 #3# guilt then there is no occasion for this Court to interfere with the impugned order passed by the competent authority by way of the present writ petition while exercising extraordinary powers. Keeping in view the facts and circumstances discussed here-in-above, this Court does not find any illegality or perversity in the impugned order dated 5.11.2009 warranting interference under Article 226 of the Constitution. Dismissed. 24.2.2011. (Jaswant Singh) manoj Judge