DICKSON CH. MARAK Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS instant writ petition is directed against the impugned orders dated 21.03.10 and dated 15.01.10.

(2.) THE petitioner 's case in nut shell is that, ''this is an application under Article 226 of the Constitution of India for issuance of Writ in the nature of Mandamus and or Certiorari and or any other appropriate Writ, Order or Orders, direction or directions of like nature. The -petitioner had been working as a Constable under the BSF in different parts of India for more than sixteen years since 1993 without any break in service and with full satisfaction of all concerned including superior officer. The petitioner had been rewarded four times for his meritorious service rendered to the Department/BSF and the service conduct sheet, in the service conduct sheet. Shri K.M. Mukhopadhya (DC) Deputy Commandant, Drawing and Distribution officer for commandant 126 Bn BSF on 07.09.2009 wrote a letter to the Bank Manager, SBI Gandhi Memorial, Kalyani, (WB) with a request to give complete details of transition made in the Joint Account of the petitioner and his wife Smti. Sellina M. Sangma, bearing S.B. A/c No. 11308070706 and obtained transaction sheet from the Bank on 07.10.2009. Shri. Sudhir Hooda, Commandant 126 Bn BSF and Shri. Sabu A. Joseph, Deputy Inspector General, Sector HQ BSF, Kolkata, charge -sheeted against the petitioner, under Section -46 of BSF Act on 19.12.2009. The Petitioner and his wife Smt. Sellina M. Sangma have opened a Joint Account bearing SB A/C No. 11308070706 at New Tura, Meghalaya and operating the Account jointly for the last few years. After filing the charge -sheet and detail report has been sent to the SSFC (Summary Security Force Court) by the Dc/ADJT, for Commandant 126 Bn BSF on 06.01.2010. Thereafter, SFC initiated the Court proceeding against the petitioner on 13th and 15th January, 2010 and SSFC proceeding started against the petitioner. The SSFC was presided over by Shri Sudhir Hooda, Commandant, 126 Bn BSF. After the findings of the Court 's proceeding and after taking evidence, convicted the petitioner to civil imprisonment at Krisnanagar West Bengal. It is also stated that the Commandant 126 Bn BSF issued another impugned order vide No. ESH/Disc -DCM/126 Bn/BSF/2010/4351 -58 dated 21.3.10 and dismissed the petitioner from service with effect from 15.01.10. This petition is filed bonafide for the end of justice ''.

(3.) THE learned counsel also raised question before this Court that, when the case is connected with disproportionate income, the case should have been investigated under Prevention of Corruption Act, 1988. The learned counsel further contended that the person who filed the charge -sheet and the person who tried the case cannot be the same person. Besides, there were no specific evidence that, out of the amount of Rs. 6,12,862/ -, how much belongs to the petitioner and how much belongs to the petitioner 's wife, hence, prayed before this Court to pass necessary order and also to set aside the impugned orders dated 21.03.10 and dated 15.01.10.