- (1.) The present writ petition was filed by the petitioner, Dr. Sushil Kumar, the Chief Medical Officer, II Grade serving the respondent Border Security Force with the following prayers in this Court on 25.2.2014: "It is, therefore, most respectfully prayed that this writ petition may kindly be allowed with costs and by issuance of an appropriate writ, order or direction, the GSFC re-trial may kindly be quashed and set aside."
(2.) Upon issuance of notices, the respondents have filed reply in this Court on 19.3.2014. During the pendency of the present writ petition, certain subsequent developments on record have taken in the present case, which persuade this Court to relegate this matter back to the respondent No.2 the Director General, Head Quarter, BSF, New Delhi.
(3.) The charges levelled against the petitioner were as under: "FIRST CHARGE BSF Act, 1968 U/S 46 COMMITTING A CIVIL OFFENCE THAT IS TO SAY CRIMINAL MISCONDUCT FOR HAVING BEEN, AS A PUBLIC SERVANT, IN POSSESSION OF PECUNIARY RESOURCES DISPROPORTIOINATE TO HIS KNOWN SOURCES OF INCOME, FOR WHICH HE CAN NOT SATISFACTORILY ACCOUNT FOR, AN OFFENCE SPECIFIED IN SECTION 13(1)(e) OF THE PREVENTION OF CORRUPTION ACT, 1988, PUNISHABLE U/S 13(2) OF THE SAID ACT. While serving in 86/143 and 141 Bn. BSF at Sriganganagar (Raj/Handwara) J&K), between 09/01/08 to 29/09/09, got deposited through cash and transfer, Rs.61,56,354/- (Sixty one lakh fifty six thousand three hundred fifty four only), as per details given in Annexure 'A" to the charge sheet, in his Saving bank Account No.30266800681 in SBI, JCT Mills, Sriganganagar, out of which, Rs.37,04,328/- (Thirty seven lakh four thousand three hundred twenty eight only), being his salary, loan etc., Rs.24,52,026/- (Twenty four lakh fifty two thousand twenty six only), was an amount disproportionate to his known sources of income, which he could not satisfactorily account for. SECOND CHARGE BSF Act, 1968 U/S 46 COMMITTING A CIVIL OFFENCE THAT IS TO SAY CRIMINAL MISCONDUCT, WHILE BEING A PUBLIC SERVANT, ANY OTHER PERSON FOUND IN POSSESSION OF PECUNIARY RESOURCES ON HIS BEHALF DISPROPORTIOINATE TO HIS KNOWN SOURCES OF INCOME, FOR WHICH HE CAN NOT SATISFACTORILY ACCOUNT FOR, AN OFFENCE SPECIFIED IN SECTION 13(1)(e) OF THE PREVENTION OF CORRUPTION ACT, 1988, PUNISHABLE U/S 13(2) OF THE SAID ACT. In that he,while service in 86/143 and 141 Bn BSF at Sriganganagar (Raj)/ Handwara (J&K), between 09.01.08 to 21/10/09, his wife Dr. Pinky Kumar, held Rs.5,65,528/- (Five lakh sixty five thousand five hundred twenty eight only), as per details given in Annexure 'B' attached to the Charge sheet, in her Saving Bank account No.30266801142 in SBI, JC Mills Sriganganagar, on his behalf, an amount disproportionate to his known sources of income, which he could not satisfactorily account for. THIRD CHARGE BSF Act, 1968 U/S 41(e) OBTAINING GRATIFICATION FOR HIMSELF AS A MOTIVE FOR PROCURING ANY ADVANTAGE In that he, at officers' mess, Ftr. HQ, BSF, Jodhpur, on 09/07/2008, accepted a sum of Rs.15,000/- from No.02115873 HC/RO Bhanwar Lal Jatrana of 66 Bn BSF, for clearing him in medical examination for SI (CPOs). FOURTH CHARGE BSF Act, 1968 U/S 46 COMMITTING A CIVIL OFFENCE THAT IS TO SAY, BEING A PUBLIC SERVANT, ACCEPTING FROM ANY PERSON, FOR HIMSELF, ANY GRATIFICATION WHATEVER, OTHER THAN LEGAL REMUNERATION, AS A MOTIVE FOR SHOWING IN THE EXERCISE OF HIS OFFICIAL FUNCTIONS, FAVOUR TO ANY PERSON, PUNISHABLE U/S 7 OF THE PREVENTION OF CORRUPTION ACT, 1988. In that he, at officers' mess, Ftr HQ, BSF, Jodhpur, on 12 and 13 July 2008, accepted an amount of Rs.3,000/- and Rs.32,000/- respectively (total-35,000/0_ in two installments, from Sh. Bansi Lal S/O Balu Ji Sharma, Village Darai, Chittorgarh, Rajasthan, through HC/ RO Bhanwar Lal Jatrana of 66 Bn BSF, for clearing Sh. Balkrishna Kudkiya S/O Sh. Laxman Lal, R/O Begun, Chittorgarh, Rajasthan in Medical examination for SI (CPOs). FIFTH CHARGE BSF Act, 1968 U/S 46 COMMITTING A CIVIL OFFENCE THAT IS TO SAY, BEING A PUBLIC SERVANT, ACCEPTING FROM ANY PERSON, FOR HIMSELF, ANY GRATIFICATION WHATEVER, OTHER THAN LEGAL REMUNERATION, AS A MOTIVE FOR SHOWING IN THE EXERCISE OF HIS OFFICIAL FUNCTIONS, FAVOUR TO ANY PERSON, PUNISHABLE U/S 7 OF THE PREVENTION OF CORRUPTION ACT, 1988. In that he, At officers' mess, Ftr HQ, BSF, Jodhpur, on 13th July 2008, accepted an amount of Rs.30,000/- from Sh Bheru Lal Nagar S/O late Sh Bal Chand Nagar R/o village Biryakhedi Kalan, the- Jhalara Patan, Dist. Jhalawar Rajasthan, through HC/RO Bhanwar Lal Jatrana of 66 Bn BSF, for clearing him in the medical examination for SI (CPO's)".;