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2008 Supreme(Cal) 370

SAILENDRA PRASAD TALUKDAR
Md. Nazrul Islam – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
Mr. Kalyan Bandyopadhyay and Mintu Kumar Goswami for the Petitioner
Mr. Srijan Nayek for the Respondents

JUDGMENT

Admittedly, the petitioner joined the Border Security Force (in short, BSF) as a Constable on 6th January, 1973. He was promoted to the rank of Sub-Inspector on 26th April, 1982. He became Inspector on 10th April, 1993 and thereafter, was promoted to the rank of Assistant Commandant on 22nd July, 2004. Since June, 2004, his son, as a patient of Dilated Cardio Myopathy, was under treatment of Christian Medical College & Hospital, Vellore. He is at present under treatment of Burdwan Medical College & Hospital and also B.S.F. Hospital at Digberia. After examination by the Medical Board constituted by the Principal of Burdwan Medical College & Hospital, he was found to be physically handicapped due to the said ailment. The petitioner is the only bread earner of the family and is at present burdened with such handicapped son. While posted as a Company Commander under 106 Battalion NDRF, respondent No. 5 initiated a disciplinary proceeding against him by issuing charge-sheet for commission of offence under Section 40 and Section 46 of the Border Security Force Act. By order dated 22nd August, 2007, the Inspector General conveyed the General Security Force Court trial against the











































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