SAMBUDDHA CHAKRABARTI, J. - (1.) BY the present writ petition the petitioner has inter alia prayed for a writ in the nature of Mandamus commanding the respondents to cancel and withdraw the order dated January 13, 2009 issued by the office of the respondent no. 2, for compensation and for other reliefs.
(2.) THE petitioner was appointed as a Constable Driver under the Border Security Force (BSF, for short) in the year 1988. While posted at 89 Battalion in North Bengal he was asked to perform the outpost duty and was in fact posted at Gate No. 2 for performing the outpost duty on September 8, 2007. The petitioner was subsequently proceeded against for a disciplinary action and a record of evidence was ordered for an offence committed under Section 40 of the BSF Act, 1968 on the allegation that while performing the outpost duty he had accepted a sum of Rs. 4,500/ - as illegal gratification for smuggling 9 oxen from India to Bangladesh. Subsequently, a charge -sheet was issued against the petitioner.
(3.) AFTER the evidence was taken the Summary Security Force Court (SSFC, for short) by an order dated March 1, 2008 found the petitioner guilty and awarded an order of demotion to the rank of Constable and passed an order of punishment of 89 days ' of rigorous imprisonment in force custody.;