PRADEEP NANDRAJOG, J.

1. Having joined BSF as a Constable in the year 1988, the petitioner was attached to the 69th Bn. of BSF as on January 27, 1999, and was a part of “C”Company of the battalion, which was posted at Border Out Post (BOP) Noorpur.

2. It is the case of the petitioner, and for which assertion made by the petitioner, he admittedly gave proof to the superior authorities that he had swelling in his testicles due to which he was in pain. It is the case of the petitioner that his medical problem was known to the Coy Commander Subedar S.Chatterjee, who had assured him that he would give light duties to the petitioner. It is the further case of the petitioner that he learnt that the Coy Commander Subedar S.Chatterjee, HC Gurkmukh Singh and L/Nk. Mithiliesh Kumar were engaged in or were facilitating smuggling activities and even they learnt about the petitioner having said knowledge and thus extended threats to the petitioner to falsely implicate him; and despite the assurance of being assigned light duties by the Coy Commander, the petitioner was assigned strenuous duties.

3. It is not in dispute that on January 27, 1999, the petitioner was assigned duty as a sen