RAJDEEP CHOWDHARY Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition has been filed by the petitioner seeking quashing of Show Cause Notice dtd. 12/5/2016 and order dtd. 22/7/2016 issued by the respondents. In addition, a writ of mandamus directing the respondents to promote the petitioner from the post of Assistant Commandant to the post of Deputy Commandant w.e.f. 1/4/2014 with all consequential benefits, is also sought.

(2.) Petitioner claims to have been working as Assistant Company Commandant at 66th Battalion of BSF and was also administratively looking two other platoon posts. An FIR bearing No.306/2012, under Ss. 8/221/29/25 of Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) was registered at Jaisalmer, Rajasthan on 8/8/2012 alleging that four civilians in Jaisalmer City were arrested with 8 kg heroin and Rs.4.35 lacs of Indian currency, was smuggled from Pakistan during intervening night of 04/5/8/2012.

(3.) A staff Court of Inquiry was ordered by Inspector General (IG) (Head Quarter), BSF, Jodhpur to investigate the circumstances in which the heroin crossed the said area. On 6/11/2012, the Presiding Officer completed the Inquiry and submitted his opinion that AOR between BP No.717/l-S to BP N0.717/2-S is the responsibility of BOP SKD Ex.66 Bn BSF from where the suspected crossing of Heroin has been reported, however no specific area has been pointed out by the apprehended persons and no khura has been detected by the BSF; the evidence available was totally circumstantial; the main accused was at large and so, there was nothing to point out negligence or laxity on the part of individuals on duty.