ANUP SINGH Vs. DIRECTOR GENERAL, BSF AND ANR.

JUDGEMENT

(1.) BY way of this writ petition, the petitioner assails the order of the Commandant of the Border Security Force for charges under Section 7 of the Prevention of Corruption Act. Having been found guilty of all charges levelled against him on 6th May, 2006, the punishment of dismissal from service was imposed upon the petitioner.

(2.) AGGRIEVED by this order of dismissal, the petitioner had filed an appeal on 27th August, 2006. While maintaining the finding of petitioner's guilt, the appellate authority passed an order dated 27th November, 2006 reducing his punishment and directing the petitioner's reinstatement with commutation of the dismissal to that of reduction to the rank of Constable. Consequent upon his reversion, refixation of his pay was also directed.

(3.) THE petitioner is stated to have taken voluntary retirement from service on 31st July, 2010. The petitioner has a grievance that the order dated 27th November, 2006 did not stipulate the period for which the petitioner would remain reverted and when he would have become entitled for consideration for promotion to the rank of Head Constable. It is submitted that the petitioner was entitled to the benefits of the service which he had already undergone.