JUDGMENT

Dr. S.Muralidhar, J.

1. This appeal is directed against the impugned order dated 18th January 2002 passed by the learned Single Judge dismissing the Appellant's Civil Writ Petition No. 410 of 2002.

2. The Appellant was enrolled with the Border Security Force ('BSF') as a Constable on 8th January 1989. In July 2000 he was posted on the Indo-Bangladesh Border. On 29th July 2000 he was on duty at No.2 BOP Kanchantar along with Constable Narendra Prasad from 7 am in the morning. There are two versions of what happened on that day. According to the Adjutant Mange Ram he along with Constable/Driver Bharat Singh were coming from BOP Alipur towards BOP Kanchantar. At about 8.15 am when he reached OP No.1 of BOP Alipur he noticed 25 to 30 cattle heads going from the Indian side to the Bangladesh by the side of OP No.2 of Kanchantar BOP along the bandh. According to the Adjutant when he reached OP No.2 of BOP Kanchantar he observed that the Appellant Constable Raj Kumar was on the OP Tower and the Constable Narendra Kumar was sitting in the OP hut. On questioning them as to how cattle were found going from India to Bangladesh in their presence, they failed to give any reply. He