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2014 Supreme(Raj) 214

VINEET KOTHARI
Sushil Kumar – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
Mr.K.K. Shah, for the petitioner.
Mr.V.K. Mathur with Mr. Lokesh Mathur, Mr.Aniruddh Purohit, for the respondents.

ORDER

1. The present writ petition was filed by the petitioner, Dr. Sushil Kumar, the Chief Medical Officer, II Grade serving the respondent – Border Security Force with the following prayers in this Court on 25.2.2014:

“It is, therefore, most respectfully prayed that this writ petition may kindly be allowed with costs and by issuance of an appropriate writ, order or direction, the GSFC re-trial may kindly be quashed and set aside.”

2. Upon issuance of notices, the respondents have filed reply in this Court on 19.3.2014. During the pendency of the present writ petition, certain subsequent developments on record have taken in the present case, which persuade this Court to relegate this matter back to the respondent No.2 – the Director General, Head Quarter, BSF, New Delhi.

3. The charges levelled against the petitioner were as under:

“FIRST CHARGE BSF Act, 1968 U/S 46

COMMITTING A CIVIL OFFENCE THAT IS TO SAY CRIMINAL MISCONDUCT FOR HAVING BEEN, AS A PUBLIC SERVANT, IN POSSESSION OF PECUNIARY RESOURCES DISPROPORTIONATE TO HIS KNOWN SOURCES OF INCOME, FOR WHICH HE CAN NOT SATISFACTORILY ACCOUNT FOR, AN OFFENCE SPECIFIED IN SECTION 13(1)(e) OF THE PREVENTION OF CORRUPTION ACT, 1988, PU

















































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