JUDGMENT & ORDER (ORAL)

Heard Mr. KD Chetri, learned counsel for the petitioner and Mr. N Baruah, learned Central Govt. Counsel for the respondents.

[2] By way of this petition under Article 226 of the Constitution of India, petitioner seeks quashing of order dated 06-12-2006 and for re-instatement in service.

[3] Petitioner was a Constable in the Border Security Force (B.S.F). At the relevant point of time he was serving in the ‘G’ Coy under 94 Battalion B.S.F., Roshan Bagh, Murshidabad (West Bengal).

[4] On 03-12-2006, a charge-sheet was issued by the Commandant, 94 Battalion B.S.F. under section 46 of the Border Security Force Act, 1968 (BSF Act) charging the petitioner of committing a civil offence of agreeing to accept or attempting to accept a gratification, other than legal remuneration as a motive or reward for doing or forbearing to do an official act punishable under section 7 of the Prevention of Corruption Act, 1988. The charge against the petitioner was that on 23-08-2006 while he was discharging his duty at Border Outpost, Meghna from 1200 hrs to 1800 hrs, he had improperly allowed safe passage to 4 cattle heads from India to Bangladesh through gate No.121 for the pur

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