Pratibha Rani, J.

1. The petitioner was enrolled as Constable in BSF in the year 1988. In the year 2011 while the petitioner was posted at 52nd Bn. BSF at Indo Bangladesh Border, the DIG BSF sent a communication dated March 07, 2011 to IG, BSF, South Bengal Frontier, Kolkata about deposit of Rs.1,00,000/- in SBI Account No.10143691647 in the name of the wife of the petitioner which was ill gotten money for facilitating smuggling of cattle across the border.

2. For purpose of disciplinary proceedings the petitioner was attached to 91 Bn. BSF vide letter No.Pers./238/SHQ/BSF/2011/498 dated April 12, 2011.

3. On July 02, 2012 taking cognizance of the offence report, which was prepared in the prescribed proforma, the Commandant ordered preparation of ROE by Assistant Commandant Raj Kumar of 91 Bn.

4. Assistant Commandant Raj Kumar commenced recording of evidence. At the stage of ROE the petitioner preferred not to cross examine any of the witnesses examined by the department. The petitioner declined to make any statement in his defence. However, at his request Sh.Sukhwinder Singh