Document Fragment View

Matching Fragments

Signed By:HARMINDER KAUR

W.P.(C) 4754/2026 17:18:08

5. On 25.11.2023, the Petitioner was issued a charge sheet by the Commandant, 118 Battalion, Border Security Force ('BSF') under Sections 40 and 22(e) of the BSF Act. The five charges against the Petitioner were as follows:

"

FIRST CHARGE : AN ACT PREJUDICIAL TO GOOD ORDERAND BSF ACT 1968 DISCIPLINE OF THE FORCE UNDER in that he, SECTION 40 in between 13.09.2022 to 13.01.2023 whiledeployed at BOP Sahebkhali, 118 Bn BSF receivedfollowing amounts in his ICICI Bank Account number 402301500360 (Branch Dunlop, Kolkata) through activesmugglers/civilians ln border area being 'facilitation'money in lieu of permitting smuggling across Indo-Bangladesh Border :-

(iv) On 13.09.2022, 16.09.2022 & 28.12.2022,received Rs. 5,000/-, Rs. 2,000/- & Rs. 3,000/-respectively from Manindra Baulia of KalitalaMarket near Samshernagar.

SECOND AN ACT PREJUDICIAL TO GOOD ORDER AND CHARGE DISCIPLINE OF THE FORCE BSF ACT 1968 in that he, UNDER while deployed at BOP Sahebkhali, 118 Bn BSFhave SECTION 40 received Rs. 2,16,700/- on various dates in between 03.10.2022 to23.01.2023 in his ICICI Bank Accountnumber 402301500360 (Branch Dunlop, Kolkata). Oninquiry, he clarified that an amount of Rs. 1,62,700/- wastransferred from his wife account number22100005560558 of Fincare small finance bank and selfSBI account number 20237971292 to his ICICI Bankaccount number 402301500360. There was a differenceof Rs. 54,000/- which was received in his W.P.(C) 4754/2026 17:18:08 ICICI Bankaccount in excess of the amount transferred from hiswife, but he failed to submit any explanation to this. On further inquiry about the source of Rs1,62,700/- whichwas transferred from his wife account number22100005560558 of Fincare small finance bank and self SBI account number 20237971292 to his ICICI bankaccount, it was told that this amount was withdrawn from Punjab National Bank account number1695001700023602 of his wife and further transferred to this fincare account through a cyber café, but, individualfailed to submit any account statement of that Punjab National Bank account to verify his claim and to know thesource of this money.

                     THIRD CHARGE       AN ACT PREJUDICIAL TO GOOD ORDER AND
                     BSF ACT 1968       DISCIPLINE OF THE FORCE
                     UNDER              in that he,
                     SECTION 40         while deployed at BOP Sahebkhali,'E'Coy, 118 Bn

BSF, received an amount of Rs. 1,95,400/- on variousdates in the Fincare Small Finance Bank account of hiswife namely Mrs Putul Kumari (Account number22100005560558) from various personnel includingShuvojit Dolui, but he failed to explain the sources and purpose of receiving this money which questions about the motive behind receiving this money.

                     FOURTH             AN ACT PREJUDICIAL TO GOOD ORDER AND
                     CHARGE             DISCIPLINE OF THE FORCE
                     BSF ACT 1968       in that he,
                     UNDER              while deployed at BOP Sahebkhali,'E'Coy 118 Bn BSF,
                     SECTION 40         individual through his and his wife's accounts madea

chain of transactions in between accounts number402301500360 of ICICI Bank, account number20237977292 of SBI Bank (both self), account number22100005560558 of Fincare small finance bank andaccount number 1695001700023602 of Punjab National Bank (both wife's account) deliberately for layering the illegal amounts received in their account fromunauthorized sources/ smugglers. This indicates thecriminal intent of individual to deceive the system andhide his financial transaction by layering.