JUDGMENT :

Jay Sengupta, J.

1. This is an application under Article 226 of the Constitution of India seeking direction upon the respondents to reinstate the petitioner in his service after setting aside the order of appellate authority vide no. 06/137/2007/SP/BSF/CLO (D&L)/9229-33 dated 31.12.2007 confirming the order of the Commanding 46 Bn. BSF vide no. Estt/SSFC/46 Bn./2007/129991-96 dated 24.09.2007 with all admissible benefits including arrear salary.

2. The petitioner joined the service of the Border Security Force as a Constable in February, 2003. He was posted at 46 Battalion, BSF at the relevant date. On 10.06.2007 the Commandant 46 Bn., BSF Roopnagar, Coochbehar issued a letter suspending the petitioner from his service. A disciplinary proceeding was contemplated against the petitioner for committing an offence under Section 40 of the BSF Act. An order was passed on 24.09.2007 by the Summary Security Force Court dismissing the petitioner from service. On 08.10.2007 the petitioner filed a statutory appeal before the Director General of Border Security Force. On 31.12.2007 the appeal was dismissed.

3. Mr. Swarnendu Ghosh, learned counsel appearing on behalf of the petitioner su