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TAPABRATA CHAKRABORTY, PARTHA SARATHI CHATTERJEE
Union of India – Appellant
Versus
Suvasis Dey – Respondent
JUDGMENT :
Tapabrata Chakraborty, J.
1. The present appeal has been preferred by Union of India and its functionaries challenging the judgment dated 24.11.2022 delivered by the learned Single Judge in the writ petition preferred by one Suvasis Dey (hereinafter referred to as Suvasis) being WPA 2074 of 2008.
2. The facts in brief are as follows. Suvasis was initially appointed to the post of Constable under the 46 battalion (in short, 46 Bn) of the Border Security Force (hereinafter referred to as BSF) on 18.02.2003. While he was working in the said post, the Commandant of the 46 Bn being the respondent no.6/ the appellant no.5 herein suspended Suvasis vide memo dated 10.06.2007 in contemplation of a disciplinary proceeding. Thereafter, pursuant to a memo dated 23.07.2007 issued by the appellant no.5, the Record of Evidence (in short ROE) proceedings were initiated. The ROE was prepared upon hearing Suvasis and granting him opportunity to cross-examine the prosecution witnesses and to produce defence witnesses. Upon conclusion of the said proceedings, the copies of the same were served upon Suvasis vide memo dated 22.09.2007 issued by the appellant no.5. Thereafter vide memo dated 22.0
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