Mir Dara Sheko, J. - (1.) Heard Mr Chakraborty being assisted by Ms Das and Ms Das Chowdhury representing the petitioner. Mr Mondal appears for the Union of India. Perused the materials on record.
(2.) The writ petition under Article 226 of the Constitution of India, being one of the oldest, since it is of the year 2007, is taken up for hearing on consideration of the materials on record and the submission advanced before this court and, of course, on consulting the provisions of the Act and Rules applied in the case. Upon hearing the court is apprised of the fact that the husband of the writ petitioner, Dinesh Sharma, was said to be found at fault with three charges, while he was in service attached to HQ COI 162 Battalion BSF. As reveals from an order dated March 22, 2001 passed by one Mr Puran Singh being the Commandant of said Dinesh Sharma, said order is set out hereunder:- " Whereas No.8300 2524 Const (MTI) Dinesh Sharma 'HQ Coy' 162 Bn BSF, who was found in the state of intoxication at 10 40 hrs on 21 Mar'2001 and has become of violent disposition at Bn HQ Patiram. The case is pending for investigation. 2. Now, therefore, the Central Govt. in exercise of the powers conferred by clause (1) of Sub Rule (1) of Rule 40-A of BSF Rules, 1969 as amended, undersigned hereby places the same No.8300 2524 Const(MTD) Dinesh Sharma of 162 Bn BSF under suspension with immediate effect. 3. It is further order that during the period this order remains in force, the said No. 83002524 Const (MTD) Dinesh Sharma shall not leave his HQr without obtaining permission of the Competent Authority."
(3.) On the basis of the aforesaid order the charge-sheet was framed on the very following day, i.e. on March 23, 2001, which is also set out hereunder:- JUDGEMENT_144_LAWS(CAL)12_2017_1.html 3. Now, from Annexure P3 it reveals that the self-same Commandant by his order dated March 30, 2001 held Dinesh Sharma guilty of all the three charges and sentenced by dismissing from service with effect from that day by striking off the strength of the said 162 Battalion with effect from that day.;