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IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9940 of 2022

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Chandan Kumar Suman s/o Yugal Kishore Paswan, Resident of Village-Tetia,

P.O. Tetia Bambar, P.S. Tetia Bambar, District-Munger, posted previously as

constable Chandan Kumar Suman E coy, 200 Bn BSF, Gokulnagar, Tripura-

799102.

... ... Petitioner/s

Versus

1. The Union of India through the Secretary, Ministry of Home Affairs, New

Delhi.

2. The Director General Border Security Force, CGO Complex, Lodhi Road,

New Delhi-110003.

3. The Inspector General, Border Security Force, HQ, Tripura Frontier BSF,

Salbagan, Tripura.

4. The Dy. Inspector General, Border Security Force, HQ, Tripura Frontier

BSF, Salbagan.

5. The Commandant, 200 Bn BSF, Gokulnagar, Tripura.

6. The Commandant, 69 Bn BSF, Narayanpur, Malda (West Bengal).

... ... Respondent/s

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Appearance :

For the Petitioner/s : Mr.Saroj Kumar Singh, Adv.

For the Respondent/s : Mr.Awadhesh Kumar Pandey, Sr. CGC

Mr.Avinash Kumar, Adv.

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

ORAL ORDER

3 31-01-2026 Heard Learned Counsel for the petitioner and

Learned Counsel for the State.

2. Learned Counsel for the petitioner submits that the

present writ petition has been filed with the following reliefs:-

i. For issuance of order (s), direction (s), writ

(s), particularly in the nature of writ of certiorari for setting

aside the order dated 28-06-2021 passed by Raj Narayan,

Mishra Commandant, 200 Bn BSF, Gokulnagar, Tripura-

799102 whereby, punishment dismissal from service has

been imposed upon him, with immediate effect, for having

Patna High Court CWJC No.9940 of 2022(3) dt.31-01-2026

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committed offence under section 23 of BSF Act, 1968

(hereinafter referred to as the Act).

ii. For issuance of an appropriate order or

direction quashing the order dated 28.06.2021 made by the

commandant Sri Raj Narayan Mishra against the petitioner

of accused number 131007402, Constable, Chandan Kumar

Suman 'E' Coy, 200 Bn BSF, who has been tried by SSFC

and awarded sentence "To be dismissed from the service"

without holding any cogent enquiry to the petitioner.

iii. For issuance of an appropriate writ order or

direction commanding the respondents to reinstate the

petitioner in BSF, as a constable, GD. Duty.

iv. For issuance of a writ of mandamus

directing the respondent No. 3 to consider and dispose of

the application of the petitioner which is pending for

disposal in the office of the inspector General. Frontier

head quarter, Border security force, Salbagan, Tripura.

3. Counsel for the petitioner further submits that the

petitioner has filed his representation dated 15.09.2021 which is

annexed vide Annexure-3 of the writ petition, in which he relied

on judgment passed by Hon’ble Supreme Court of India in case

of Avtar Singh Vs. Union of India & Ors. passed in 15.11.2017

(annexure-4) and submits that no order has been passed in his

representation. He further submits that the present writ petition

has been filed with limited prayer for entertainment of his

representation vide Annexure-3 with Annexure-4.

4. Learned counsel for the Union of India opposes the

prayer and submits that the petitioner was enrolled as Constable

(GD) on 15.05.2013 and reported to 200 Bn BSF, on permanent

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posting dated 28.04.2014. He further submits that a complain

was received against the petitioner about pending criminal case

against him. In this regard, report has been called for through

District Magistrate, Munger in which he had confirmed about

the pendency of the criminal case with information that the

petitioner and other accused tried to compromise the said case,

however, the case is still pending.

5. Counsel further submits that a show-cause was

issued against the petitioner and in his reply to the show-cause,

he admits about the pendency of the criminal case at the time