Pradeep Nandrajog, J.

1. Shorn of unnecessary details, the factual backdrop leading to the filing of the present petition, is that in the year 1967 the petitioner was enrolled as a Constable in Border Security Force and earned promotions to the rank of Sub-Inspector in course of time. In the year 1981 the petitioner was attached to the BSF Subsidiary Training Centre, Ranidanga, Silliguri (hereinafter referred to as the ‘STC Ranidanga’).

2. On June 29, 1987 a charge sheet was served upon the petitioner in which four charges were laid against him as under:

“FIRST

CHARGE

BSF ACT

SECTION-46 COMMITTING A CIVIL OFFENCE

THAT IS TO SAY ATTEMPT TO

MURDER PUNISHABLE UNDER

SECTION-302 IPC:

in that he,

at STC BSF Ranidanga on 06 Dec

1981 fired a shot from .38 revolver,

Registered No.27634 at No 66788230

HC Rahmat Subba of 78 Bn BSF

attached to STC BSF Ranidanga with

intent to kill him.

SECOND

CHARGE

BSF ACT

SECTION-20

(a) USING CRIMINAL FORCE TO HIS

SUPERIOR OFFICER:

in that he,

at STC BSF Ranidanga on 06 Dec

1981 man handled No 67488050

Subedar Amrik Singh of 56 Bn BSF

attached with said STC.

THIRD

CHARGE

BSF ACT

SECTION-46 USING CRIMINAL FORCE TO A

PERSON SUBJECT TO THE BSF ACT

BEING HIS SUBORDINATE IN

RANK:

in that