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1. The petitioner Birdh Singh was appointed as Constable on 2/12/1963 and upon constitution of B.S.F in 1966, he joined BSF as Head Constable in 14th Battalion, BSF and was promoted as Subedar on 10/5/1989 and at the relevant point of time he was posted at 161 BN Battalion, B.S.F. at Kadumtalla District Siliguri of West Bengal.

2. The petitioner in the present writ petition has challenged the S.B.CIVIL WRIT PETITION NO.4054/1994-Birdh Singh vs. UOI & ors. Order dt: 16/1/09 order of dismissal from service passed against him on 22/12/1992 confirmed on 18/12/1993 and upheld by the appellate order passed by the Director General, BSF on 17/2/1994. The petitioner was charged under Section 46 of the BSF Act, 1968 for committing a civil offence that is to say a criminal misconduct for being found in possession of pecuniary resources disproportionate to his known source of income for which he could not satisfactorily account for, an offence specified under Section 13(1)(e) of the Prevention of Corruption Act, 1988 as he was found in possession of Rs.2,22,000/- while posted at BOP, Bamnabad between January, 1990 to January, 1991 which was disproportionate to his known source of income which he could not satisfactorily account for. Court Martial proceedings were held against the petitioner and after holding a detailed inquiry, petitioner was awarded punishment of dismissal from service on 22/12/1992 which sentence was confirmed by Inspector General, South Bengal Frontier, BSF on 24/2/1993.

"That on 9th January, 1991, the patrol party of BOP (Border Out Post) Bamnabad under command of petitioner Subedar Birdh Singh, the petitioner, seized 11 bundles of cotton yarn approximately weighing 900 kgs worth about Rs.1,08,900/- as unclaimed property. The Frontier HQ BSF South Bengal vide order dated 18th January, 1991, ordered a court of inquiry to inquire into the allegations involving the petitioner. A Court of inquiry was conducted from 7th August, 1991 which continued till 9th November, 1991 and it was found that Shri Nikhil Chand Mondal gave Rs.20,000/- to the petitioner for the exchange of 11 bundles of superior quality cotton yarn seized, with the equal quantity of inferior quality of cotton yarn. However, the exchange of the yarn could not be done as the matter came to the notice of authorities and the seized cotton yarn was deposited with the custom authorities on 16th January, 2991. Because of this development, Shri Nikhil Chand Mondal (PW-7) approached the petitioner to refund Rs.20,000/- to him. The petitioner refunded amount of Rs.10,000/- only. The Court of inquiry also found that the petitioner had remitted huge amount through the S.B.CIVIL WRIT PETITION NO.4054/1994-Birdh Singh vs. UOI & ors. Order dt: 16/1/09 bank drafts to his home town. The petitioner was found to possess Rs.2,22,000/- which he could not account for and the remittance to his home town. A Record of Evidence (ROE) was recorded and after the completion of ROE, it was ordered th at the petitioner be tried by a General Security Force Court on a charge u/s 46 BSF Act red with 13(2) of the Prevention of Corruption Act, 1988 and the proceedings of the general Security Force Court were held at Head Quarter of 161 Battalion B.S.F. On 14th December, 1992 and on the subsequent days. The General Security Force Court has found the petitioner guilty of charge and awarded the punishment of dismissal from the service which was confirmed by the reconfirming authority on 24th of February, 1993. Aggrieved of the GSFC proceedings, the petitioner sent a petition as provided under the B.S.F. Rules on 17th June, 1993 to Director General BSF and after due application of mind was rejected and communicated vide order dated 17th February, 1994. Aggrieved of the GSFC proceedings and the rejection of his statutory petition, the petitioner has filed this writ petition under Article 226 of the Constitution of India."
7. In the result, we find no merit in the Special Appeal and the same is dismissed summarily."

11. In the present case also, this Court having gone through the record of the case, inquiry proceedings and memo of appeal of the petitioner before the Director General, BSF, New Delhi, is of the opinion that there was no breach of principles of natural justice in the case of inquiry held against the petitioner and sanction of prosecution contained in the charge sheet itself as Ex.P/2 of the petition was proper sanction to initiate prosecution against the petitioner under the provisions of Section 13(1) (e) of the Prevention of Corruption Act, 1988 read with Section 46 of the BSF Act, which deals with civil offence committed by personnel of BSF. The petitioner was given full opportunity to defend himself and services of legal assistant were made available to him. The appellate authority also after considering S.B.CIVIL WRIT PETITION NO.4054/1994-Birdh Singh vs. UOI & ors. Order dt: 16/1/09 the appeal of the petitioner rejected the same.