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5. On 25th February, 1998 a charge sheet was issued charging the petitioner under Section 22-E of the BSF Act for neglecting to obey a general order and under Section 40 of the BSF Act for conduct that is prejudicial to the good order and discipline of the force. The charge sheet dated 25th February, 1998 is reproduced as under:

APENDIX VI (Rule 53 (2)) CHARGE SHEET The accused No.90199019 Constable (Driver) Devinder Kumar Sector HQrs BSF Siliguri (attached with 151 Bn BSF) is charged with :-
1. BSF ACT 1968 SECTION 22 (e) BSF ACT 1968 SECTION 22
(e) NEGLECTING TO OBEY A GENERAL ORDER/ In that he, at BOP Bhatpara under 151 Bn BSF on 28-01-98 at about 2000 hrs visited the house of Khusrruddin of village-Hadiya Para placed out of bound to all ranks vide BN Order No.Ops/Order/151/96/5868-73 dated 30-07-96.

1. BSF ACT 1968 SECTION 40 BSF ACT 1968 SECTION 40 AND ACT PREJUDICIAL TO GOOD ORDER AND DISCIPLINE OF THE FORCE In that he, While posted at BOP Bhatpara on 28-01- 98 at about 2000 hrs went to village Hadiya para entered into the house of Hasina Khatoon with bad intention whereas he was gheraoed by the villagers and detained until rescued by BOP personnel.

47. Section 75 of BSF Act categorically prohibits a second trial. Section 75 of the BSF Act is as under:-

"75. Prohibition of second trial: (1) When any person subject to this Act has been acquitted or convicted of any offence by a Security Force Court or by a criminal court or has been dealt with under Section 53 or under Section 55 he shall not be liable to be tried again for the same offence by a Security Force Court or dealt with under the said sections.