(1.) IN this writ petition the petitioner has prayed for quashing of the Order dated 13.12.2006 issued by the Assistant Commandant (Ministerial-Respondent No. 5, whereby and whereunder he negated and cancelled the earlier Order dated 16.10.2006 passed by another Assistant Commandant (Ministerial). These two Orders are contained in Annexures P-8 and P-7 respectively.

(2.) THE petitioner has also made a prayer that the respondents should be directed to allow the petitioner to retire from service w. e. f. 31.3.2007 in terms of the earlier Order of the Assistant Commandant (Ministerial) passed on 16.10.2006 as contained in Annexure P-7 appended to the writ petition.

(3.) THE petitioner has also made a prayer for cancellation of the movement Order issued on 17.3.2007 (Annexure P-10) whereby and whereunder the petitioner was directed to proceed for joining the 8th Battalion, which as stated in Para 12 of the writ petition, is situated at Ajnala in Punjab.

(4.) THE petitioner has also made a prayer that the respondents be directed to release his retirement benefits as well as pensionary benefits in terms of the Order dated 16.10.2006 as contained in Annexure P-7 referred to above.

(5.) THE short facts, as stated by the petitioner and which are necessary to be taken note of are, that after having joined as a Constable in the Border security Force on 28.6.1986, and after completing his basic training, the petitioner joined the 75th Battalion, Tripura and thereafter, was transferred to various Battalions including the 70th Battalion, 200th Battalion and the 8th battalion. Lastly, he was posted the 33rd Battalion and thereafter, by an order dated 24.4.2006 he was transferred and posted to the Office of the inspector General, B.S.F., North Bengal Frontier, Kadamtala, District darjeeling (8th Battalion, B.S.F.).

(6.) HE took charge as a General Duty Clerk on 26.4.2006 and thereafter, in a proceeding, he was tried for an offence committed under section 20 (b) and 20 (c) of the B.S.F. Act whereafter he was imposed with the punishment of reduction to the rank of Constable w. e. f. 16.7.2001. Subsequently, the said punishment was commuted to forfeiture of pay and allowances for the period of 14 days w. e. f. 17.7.2001 to 30.7.2001 vide Order passed on 6.6.2006 and as contained in Annexure P-2.

(7.) THE remaining facts stated are not necessary to be narrated save and except to record that on 25.9.2006, the petitioner filed an application for voluntary retirement and the same was forwarded by the Superintendent administration to the Inspector General on 25.9.2006 vide Annexure p-5. Thereafter, reminders were sent on 16.10.2006 and 13.10.2006 vide Annexure P-6. Finally, on 16.10.2006, the Assistant Commandant (Ministerial) passed an Order vide Annexure P-7 whereby and whereunder the petitioner was allowed to retire from service w. e. f. 31.3.2007 after recording that the competent authority had been pleased to accept the notice of voluntary retirement w. e. f. 31.3.2007. The said Order dated 16.10.2006 reads as follows:- "office of the Inspector General Border Security Force, North bengal, FTR, Kadamtala (P.O.) Dist-Darjeeling (W.B.)Order competent authority is pleased to accept the notice of Voluntary retirement under Rule 48 (A) of CCS (Pension) Rules, 1972, read with rule 182 of the BSF Rules, 1969, served by No. 861613069 LNK prakash Singh of FTR HQ BSF NB with effect from 31.3.2007 (AN). 2. No. 861613069 LNK Prakash Singh of FTR HQ BSF NB will, thus retire from service with effect from 31.3.2007 (AN) as per Rule 30 (a) of BSF Rule, 1969. The above individual would be entitled for pension and other benefits as admissible under CCS (Pension) Rules, 1972. No. Estt.-lll (113)/nbf/2006/8632-38 dated, the 16th Oct 2006 distribution: (1) Individual concerned (2) Accounts Branch, HQ, NBF (3)Adm. Branch, HQ, NBF (4) Service record of the individual (5) GD, HQ. NBF (6) RO-II (7) Guard File. (Stephen Tirkey)Asstt. Comdt. (MIN). (Quoted V