MD. ASIF BABA Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant writ application arises out of charge-sheet dtd. 7/2/2007, order dtd. 16/3/2007 of Summary Security Force Court hereinafter referred as SSFC, findings of the SSFC on 17/3/2007 issued by Commandant, 193BN, Border Security Force, Kalyani, Nadia herein respondent No. 6 and ensuing order dtd. 16/7/2007 issued by Deputy Commandant (Administration) for Deputy Inspector General, BSF, Kolkata herein respondent No. 4 against one Md Asif Baba @ Md Asif herein the writ petitioner by which punishment of dismissal from service was awarded.

(2.) Before considering the submissions made by learned counsel appearing on behalf of the respective parties, the facts of the case are that on 6/2/2007 an amount of Rs.1,42,500.00 was recovered from one waterproof hood kept inside the personal bed hold of the petitioner, a constable (enrolment no. 97115006) of Border Security Force (BSF) was posted in 193 Battalion at BOP Jayantipur, West Bengal, during a search made in the residential premises. On inquiry, the writ petitioner did not provide any information of the source from where he retrieved such sum of money.

(3.) Subsequently, a charge sheet dtd. 7/2/2007 for committing offence punishable under Sec. 13(e) of Prevention of Corruption Act 1988 was issued by respondent No. 6. Pending disciplinary proceedings, the petitioner was put under close arrest.