RITESH SONI Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge by the Petitioner in the present case is to an order dated 6th August, 2018 passed by the Deputy Inspector General ("DIG"), SHQ of the Border Security Force ("BSF"), Siliguri directing the Commandant 155th BN BSF to conduct a de novo trial on the charge sheet issued to the Petitioner. The Petitioner also challenges an order dated 18th April, 2019 issued by the Respondents in rejecting the Petitioner"s representation against the commencement of the trial against him de novo.

(2.) The background facts are that the Petitioner, an Assistant Sub Inspector (Ministerial) ["ASI(M)"] had enrolled in the BSF on 29th December, 2009 as Head Constable (Ministerial). After completion of his basic training, he was posted to 120 BN BSF on 20th June, 2010. He was thereafter posted to the SHQ, BSF Raiganj on 25th November, 2011. While he was posted there, he was promoted as ASI(M) on 1st April, 2015.

(3.) The Petitioner gave a complaint to the DG BSF, New Delhi on 26th April, 2015, alleging harassment at the hands of an Assistant Commandant (Ministerial) posted at SHQ, BSF Raiganj. Even while the complaint has been pending, the Petitioner was posted to the 155th BN BSF on 3rd July, 2015.