Altamas Kabir, Asit Kumar Bisi

( 1 ) THIS appeal at the instance of the Deputy Inspector General, Border security Force, North Bengal Frontier Headquarter, Siliguri, has been filed against the judgment and order dated 18th February, 2004 passed by the learned single eludge in W. P. No. 12508 (W) of 2003, allowing the writ application and quashing the show-cause notice issued by the Commandant, 97 Battalion, Border security Force. The present application has been made for stay of the order and judgment of the learned Single Judge impugned in the appeal.

( 2 ) APPEARING in support of the application for stay, Mr. Pradip Ghosh, learned senior Counsel contended that in the instant case after the writ petitioner had been acquitted of the charges levelled against him by the Summary Security force Court (hereinafter referred to as the "ssfc"), the matter was referred to the Commandant (SHQ), the Officiating DIG of the concerned area, in terms of rule 160 of the Border Security Force Rules, 1969. After going through the proceedings of SSFC, the said authority differed with the findings of the SSFC and observed that under the circumstances, the SSFC proceedings is not approved being agains

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