IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side Present :

The Hon’ble Justice Shampa Dutt (Paul)

WPA 10556 of 2008 Sankha Dutta Vs.

The Union of India & Ors.

For the Petitioner : Mr. Dilip Kumar Samanta, Mr. Biswapriya Samanta, Mr. Suhotro Palit.

For the Respondent No.3 : Mr. Debapriya Gupta.

Hearing concluded on : 12.02.2025 Judgment on : 28.02.2025 Shampa Dutt (Paul) , J.

1. The present writ application has been preferred against charge sheets dated 5^th January, 2007 as well as 7^th July, 2007 and proceeding of the Summary Security Force Court dated 08.12.2007 to 14.12.2007 as well as verdict and sentence dated 14.12.2007 passed by the Summary Security Force Court and order dated 10^th April, 2008 passed by the Director General, Border Security Force.

2. The petitioner’s case in short is that he joined to the post of Constable in Border Security Force (BSF) in the year 1985 and was promoted as Lance Naik. The petitioner applied for earned leave for a period of 30 days on the ground of his mother’s illness which was granted to the petitioner for the period from

20.04.2006 to 19.05.2006.

3. An application dated 08.06.2006 was made by the petitioner for extension