LAWS(CAL)-2026-4-31

SANTOSH SARDAR Vs. UNION OF INDIA

Decided On April 01, 2026
SANTOSH SARDAR Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The petitioner was serving in the Border Security Force (BSF) as Constable (general duty). He joined service on 28/2/1989. At the time of document and character verification from the office of the District Magistrate, North 24 Parganas, Barasat, the authority was informed that no such person can be traced. A criminal case was registered against him in year 2002 u/ss. 458/420 IPC. The petitioner was arrested on 11/3/2002 and released on bail on 26/4/2002.

(2.) A Petty Security Force Court proceeding was initiated against him in the year 2021 on five charges. He was found guilty in respect of two of them and was dismissed from service on 15/5/2021. Appeal preferred against the order of dismissal was rejected by the Inspector General on 20/7/2021 and post confirmation appeal before the Director General also stood rejected on 4/12/2021.

(3.) The petitioner is aggrieved by the same and prays for a direction upon the authority to set aside the entire proceeding as the same is contrary to the Border Security Force Act, 1968 hereinafter referred to as 'the Act' for the sake of brevity.