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2022 Supreme(J&K) 201

TASHI RABSTAN
Karnail Singh – Appellant
Versus
Union of India – Respondent


Advocates:
Appearing Counsel:
For the Appellant(s):Mr. Ajay Sharma, Advocate
For the Respondent(s): Mr. Vishal Sharma, ASGI

Judgment :

Tashi Rabstan, J.

Through the medium of this writ petition, the petitioner is seeking to quash notice dated 05.11.2019 issued by Deputy Inspector General, respondent No.6 herein, by virtue of which the petitioner has been directed to appear before him for hearing the charges under BSF Rule 45-B.

2. The facts-in-brief, as gathered from the writ file, are that the petitioner came to be appointed as Assistant Commandant/Medical Officer on 25.05.1992 in the BSF. Thereafter, he came to be promoted as Deputy Commandant/Senior Medical Officer, then as Chief Medical Officer and then as Commandant (Medical)/CMO and, thereafter, was given the grade pay of DIG rank. It is averred that the genesis of the case started when the petitioner was on 32 days leave with effect from 28.01.2013 to 28.02.2013 with permission to depart on 25.01.2013. During the period when the petitioner was on leave, Inspector Vigilance, SHQ, BSF wrote a letter to DIG, SHQ, BSF on 28.01.2013 informing the persons from outside Mizoram as well as local civilians were visiting the houses of BSF personnel who were living outside the force premises alone. He also informed that one Sub Inspector/Staff Nurse Miss Khungu

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