IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE Present:-

The Hon’ble Justice Madhuresh Prasad And The Hon’ble Justice Prasenjit Biswas F.M.A.138 of 2024 HOSHIYAR SINGH VERSUS UNION OF INDIA AND OTHERS.

For the Appellant : Mr. Debdutta Basu, Ms. Sayani Roy Choudhury.

For the UOI :Mr. Nandalal Singhania, Ms. Sayani Roy Choudhury, Mr. Ashok Halder, Ms. Ayantika Paul.

Judgment on : February 25, 2026.

Madhuresh Prasad, J.:

1. Heard the learned advocate for the writ petitioner/appellant as well as the learned advocate representing the Union of India.

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2. The appellant/petitioner, a constable in the “ ” Company of 108 of the Border Security Force, was proceeded against by a charge sheet dated 08.05.2008.

3. The charge she"eTth ceo natcaciunseedd tNhoe. f8o8ll2o1w01in2g9 5c hHaCrg eGsy:a ni Ram and No. 02145545 CT Hoshiyar Singh of 108 Bn BSF is charged with:-

1ST CHARGE BSF ACT SEC-46 COMMITTING A CIVIL OFFENCE, THAT IS TO SAY CRIMINAL MISCONDUCT FOR HAVING BEEN A PUBLIC SERVANT BY ABUSING THEIR POSITION AGREES THEMSELVES FOR ANY PECUNIARY AUVANTAGE FOR AN OFFENCE SPECIFIED IN SEG 13 (1) (E) OF THE PREVENTION OF CORRUPTION ACT, 1988, PUNISHABLE U/S 13 (2) OF THE SAID ACT