MD. FARHAD ZAMAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was a member of the Border Security Force (BSF). He has been dismissed from service by the Commandant of his battalion vide order dtd. 2/12/2023 with effect from the said date. The petitioner has been found to be involved in getting illegal gratification from job aspirants during the detailed medical examination for declaring them 'fit' for recruitment of Constable (general duty) examination-2018 in CAPFs, NIA, SSF and Assam Rifle along with other BSF persons and civilians in Malda in the month of January-February, 2020.

(2.) He was charged under various provisions of the Indian Penal Code and the Prevention of Corruption Act, 1988, as amended. Proceeding against him is sub judice before the Court of the learned Special Judge (CBI), Siliguri. The petitioner was issued a show cause notice as to why he should not be dismissed from service on account of misconduct. Not being satisfied with the explanation provided by the petitioner, he has been dismissed from service. The Commandant was of the opinion that as CBI investigation was ongoing and as several civilians were involved in the offence, his trial under the BSF Act and Rules is inexpedient.

(3.) The petitioner is aggrieved by the same and has challenged the order of dismissal in the instant writ petition.