DIPAK KR CHAKRABORTY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner who is a retired Commandant of Border Security Force (B.S.F.) has assailed the legality and validity of the order of penalty passed against him and subsequent denial of promotion to the rank of Addl. Deputy Inspector General, B.S.F., at per with his juniors.

(2.) The facts as narrated in the writ petition] are that the petitioner while was serving under the respondents, i.e. the B.S.F., as Commandant was taken up for proceeding under General Security Force Court (G.S.F.C.) on the following charges:

(3.) After the aforesaid charges framed against the petitioner by order dated 04.01.01, one Shri Anil Kamboj, Commandant of 80 B.N. was detailed to prepare the record of evidence (R.O.E.) on the charges framed against the petitioner. It appears that after the R.O.E. conducted by the appointed officer, the said proceeding was treated as set aside due to some technical/legal reasons. To that effect an order was issued by the Deputy Inspector General, BSF on 31/05/01. In the order it was indicated that the R.O.E. proceeding prepared earlier be treated as set aside due to technical/legal reasons. However, it was provided that the charges framed against the petitioner would stand.