- (1.) This appeal at the instance of the Deputy Inspector General, Border Security Force, North Bengal Frontier Headquarter, Siliguri, has been filed against the judgment and order dated 18th February, 2004 passed by the learned Single eludge in W.P. No. 12508(W) of 2003, allowing the writ application and quashing the show-cause notice issued by the Commandant, 97 Battalion, Border Security Force. The present application has been made for stay of the order and judgment of the learned Single Judge impugned in the appeal.
(2.) Appearing in support of the application for stay, Mr. Pradip Ghosh, learned Senior Counsel contended that in the instant case after the writ petitioner had been acquitted of the charges levelled against him by the Summary Security Force Court (hereinafter referred to as the "SSFC"), the matter was referred to the Commandant (SHQ), the Officiating DIG of the concerned area, in terms of Rule 160 of the Border Security Force Rules, 1969. After going through the proceedings of SSFC, the said authority differed with the findings of the SSFC and observed that under the circumstances, the SSFC proceedings is not approved being against the weight of evidence. The said authority went on to direct the Commandant to invoke the provision of Rule 22 of the Border Security Force Rules and to proceed to terminate the services of the writ petitioner administratively after following the due process of law. It is after the said order was passed by the Officiating DIG that the Commandant issued the show- cause notice dated 1st August, 2003 to the writ petitioner requiring him to show- cause as to why his services should not be terminated, by virtue of the powers vested in the said Commandant under section 11(2) of the Border Security Force Act, 1968 read with Rule 22 of the Border Security Force Rules, 1969. It was also observed that considering the contents of the show-cause notice, it was not expedient and impracticable to hold a trial by the SSFC resulting in invocation of the provisions of Rule 22 of the aforesaid Rules.
(3.) As mentioned hereinbefore, the said show-cause notice along with the invocation of Rule 22 of the Border Security Force Rules, was the subject-matter of challenge in the writ petition.;