Pradeep Nandrajog, J. (Oral):--

1. The petitioners were employed as constables with the Border Security Force ‘BSF’ and in the year 2003 were attached with the 32nd Bn. which was deployed at the Indo-Bangladesh Border. The two along with L/Nk. Humeshwar Patangia used to be deployed at the Border Outpost Fatehpur.

2. Secret information was received by the Commandant of the Battalion that the petitioners and L/Nk. Humeshwar Patangia were facilitating illegal smuggling of cattle across the border from India by taking illegal gratification.

3. The record which has been produced before us at the hearing today would evince that the Commandant took cognizance of the offence report on August 22, 2003 and ordered that Record of Evidence be prepared by Sh. Rakesh Chauhan the 2-IC of the Battalion.

4. The offence report has been prepared as per a prescribed proforma.

5. Pertaining to the offence report contention advanced is that drawn up on a proforma, the same evidences a non-application of mind by the Commandant.

6. The contention is meritless for the reason Rule 43 of the BSF Rules, 1969 make it obligatory that the offence report shall be written in the form set out in Appendix IV to