Heard Mr. S. Chouhan, the learned counsel for the petitioner. The respondents are represented by Ms. A. Gayan, the learned Central Govt. Counsel (CGC).

2. The petitioner was a Constable in the 57th Battalion of the Border Security Force (BSF) and while he was on Naka duty along with Head Constable Dwarika Prasad, both members of the ‘G’ Coy Unit were placed under suspension by the Commandant of the 57th Battalion of the BSF Patiram (WB), by the order dated 7.6.2007 (Annexure-A). According to the suspension order, the two BSF men had facilitated crossing of 15 cattle to Bangladesh at about 3:00 Hrs. on 7.6.2007 by opening the Fencing Gate No.19.

3. A Court of Inquiry (COI) was constituted to investigate into the circumstances of the cattle crossing over to Bangladesh and before the Inquiry Officer, the delinquent constable stated that it was the Head Constable Dwarika Prasad who opened the Gate and it was further stated by him that the Head Constable had himself dealt with the cattle smugglers, from whom payment was expected to be received. The Head Constable Dwarika Prasad in his statement before the COI admitted that he opened the fencing gate and he further stated that