RAJIB CHOUDHURY Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Heard Mr. K.D. Chetri, learned counsel for the petitioner and Mr. N. Baruah, learned Central Govt. Counsel for the respondents. By way of this petition under Article 226 of the Constitution of India, petitioner seeks quashing of order dated 06.12.2006 and for re-instatement in service.

(2.) Petitioner was a Constable in the Border Security Force (B.S.F). At the relevant point of time he was serving in the 'G' Coy under 94 Battalion B.S.F., Roshan Bagh, Murshidabad (West Bengal).

(3.) On 03.12.2006, a charge-sheet was issued by the Commandant, 94 Battalion B.S.F. under section 46 of the Border Security Force Act, 1968 (BSF Act) charging the petitioner of committing a civil offence of agreeing to accept or attempting to accept a gratification, other than legal remuneration as a motive or reward for doing or forbearing to do an official act punishable under Section 7 of the Prevention of Corruption Act, 1988. The charge against the petitioner was that on 23.08.2006 while he was discharging his duty at Border Outpost, Meghna from 1200 hrs to 1800 hrs, he had improperly allowed safe passage to 4 cattle heads from India to Bangladesh through gate No. 121 for the purpose of smuggling which was an attempt to accept gratification other than legal remuneration, as a motive or reward for doing or forbearing to do an official act.