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2016 Supreme(Cal) 481

DIPANKAR DATTA
Amiya Ghosh – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner:Mr. Amales Kumar Ray, Ms. Suman Sehanabis, Mr. Deborshi Dhar, Advocates.
For the Respondents:Mr. Sabyasachi Bhattacharjee, Sr. Advocate, Ms. Chandreyi Alam, Advocate, Ms. Rajashree Venkat Kundalia, Advocate.

JUDGMENT :

1. This is another instance of an unequal combat between a lion and a lamb. Faced with the prospect of an imminent termination of service, thereby leading to loss of livelihood, the petitioner has stepped into the portals of this Court complaining of a stand of the respondents that he perceives to be bereft of rationality, lacks objectivity and smacks of victimization. The high prerogative writ jurisdiction of this Court has been invoked to nullify a notice calling upon the petitioner to show cause why administrative action as per section 11 of the Border Security Force Act, 1968 (hereafter the BSF Act) read with rule 22(2) of the Border Security Force Rules, 1969 (hereafter the BSF Rules) should not be initiated against him for the charge under section 46 of the BSF Act [committing a civil offence i.e. culpable homicide not amounting to murder under section 304, Indian Penal Code (hereafter the IPC)], for which he was tried by the General Security Force Court (hereafter the GSFC).

2. The factual scenario in the backdrop whereof the challenge is laid to the show cause notice may be traced first.

3. The petitioner, a constable of the Border Security Force (hereafter the BSF)

































































































































































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