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2014 Supreme(J&K) 122

Hasnain Massodi
Mohd. Asif Baba – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
M.A. Rathore, Karnail Singh.

1. Shri Mohammad Asif Baba - petitioner herein, was enrolled in Border Security Force (BSF) on 2nd July 1997. On 6th February 2007, at about 9.45 hours, petitioner while posted with 193 Battalion at BOP Jayantipur, West Bengal was allegedly found in possession of Rs.1,42,500/-. The alleged recovery was made when officiating Commandant of Battalion, accompanied by other members of Force raided residential premises of petitioner in his absence and recovered from his bed-hold-all the afore-stated amount. The recovery prompted an inquiry into the matter. The report of inquiry (ROE) was prepared. Petitioner is said to have pleaded guilty. His plea was recorded and punishment of dismissal from service imposed on petitioner.

2. Petitioner preferred a Statutory Petition against dismissal order before Director General, BSF. The grounds urged in the petition did not find favour with competent authority and petition was rejected on 2nd August 2007.

3. Petitioner questions order No. Estt/MA/SSFC/07/ 4205-15 dated 17th March 2007, whereby punishment of dismissal from service was imposed and order No. Disc/29/S-Petition/2007/ 13122-23 dated 16th July 2007, whereby petitioner's prayer for reinstate























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