I.P. Mukerji, J. - (1.) I am distressed at the way this departmental proceeding has been conducted. If alleged misconduct by the employees of the Border Security Force is dealt with in this manner, no member of the Force will have any faith in his superior. They will lose their morale. One incident occurred in the night intervening between 3 and 4th May, 2008. The writ petitioners were doing their duty at a border outpost in Bamnabad in district Murshidabad; in West Bengal. One Dwijen Mondal along with three heads of cattle were apprehended by them. A little before 1 p.m. on 4th May 2008 Dwijen Mondal died. According to the writ petitioners he fell unconscious at about 10 a.m. and thereafter died. Dwijen's wife Sulekha Mondal lodged a First Information Report with the Police at about 5 p.m. on the same day giving a different version. According to her Dwijen Mondal was fishing in the river Padma at 4.30 a.m. that morning. He was severely beaten by the Force personnel as a result of which he died at about 10.30 a.m. that very day.
(2.) This Court does not know how Dwijen Mondal died or who was responsible for his death. The procedure followed in this departmental proceeding is far from acceptable.
(3.) The General Security Force Court after admission of substantial evidence and consideration of the same came to the conclusion on 22nd June, 2011 that each of the writ petitioners was not guilty. This was a finding under Section 107 of the Border Security Force Act, 1968. Section 113 of the said Act provides that any finding or sentence of a Security Force Court which requires confirmation may on the order of the confirming authority be once revised.;