IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE Present:

The Hon’ble Justice Ananya Bandyopadhyay W.P.A. 13868 of 2009 Shri R.L. Kamath -Vs-

Union of India & Ors.

For the Petitioner : Mr. Kallol Basu Mr. Nilanjan Pal For the Union of India : Mr. Anirban Mitra Heard on : 14.01.2026 Judgment on : 06.02.2026 Ananya Bandyopadhyay, J.:-

1. The petitioner enrolled as a Constable in the Border Security Force on 13th December, 1990 bearing Constable No.90401386, posted at different formations including Tripura under 123 Battalion under the Frontier Headquarters, BSF, North Bengal. In June 2007, he was adjusted with 127 Battalion, BSF and Operational Sector described on record as highly sensitive from the stand-point of cross-border smuggling activities.

2. While so deployed, a written complaint was received from the Company Commander, Shri Pratap Singh, Assistant Commandant, alleging the petitioner had acted in connivance with the smugglers operating near the international border. It was alleged that on 17th October, 2007 while posted at BOP Gitaldah of 127 Battalion near Kashim Ghat on the banks of the Dharla River, the petitioner along with Head Constable/ED Moh