Chattopadhyay,J.

1. THIS appeal has been preferred at the instance of the writ petitioner-appellant assailing the judgment and order dated 12th March, 2008 passed by a learned Judge of this Court whereby the said learned Judge dismissed the writ petition on merits.

2. FROM the records, we find that the appellant herein at the relevant time was serving in the Border Security Force as 'Constable' and was posted at 136 Battalion of Border Security Force at Roshanbagh in the district of Murshidabad, West Bengal. We also find from the records that the appellant herein was on duty along with other two constables namely Sri M. Munnaswamy and Sri Roshan Kumar Singh at Indo-Bangladesh Border on 24th July, 2005. It is the case of the appellant-petitioner that while discharging the duties at the said Indo-Bangladesh Border on 24th July, 2005, he found some miscreants armed with deadly weapons trying to cross over to Bangladesh with smuggled cattle. It has been submitted by the learned Advocate of the appellant that the said appellant raised alarm and tried to apprehend the miscreants, but the said miscreants fled away leaving a Polythene packet which contained some cash money. It is th