DEEPAK KUMAR SINGH vs UNION OF INDIA & ORS.

Judgment text excerpt

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on : 28 March 2025 Pronounced on : 02 April 2025 + W.P.(C) 2410/2022, CM APPL. 6921/2022 DEEPAK KUMAR SINGH .....Petitioner Through: Dr. S.S. Hooda and Mr. Divyanshu Shekhar, Advs. versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Manish Mohan, CGSC with Ms. Aishani Mohan and Mr. Varenyum Singh, Advs. for UOI CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL % JUDGMENT 02.04.2025 C. HARI SHANKAR, J. 1. The petitioner, who is posted as Second-In-Command in the Border Security Force1, is facing an inquiry, following a charge-sheet issued to the petitioner on 1 April 2020, by the Commandant, 123 rd Bn. BSF, to whom the case had been referred by the Director General2, BSF on 19 December 2018. 1“BSF” hereinafter 2“DG” hereinafter Signature Not Verified W.P.(C) 2410/2022 Page 1 of 27 Digitally Signed By:AJIT KUMAR Signing Date:02.04.2025 13:57:19 2. By this writ petition, the petitioner essentially seeks quashing of the communication dated 19 December 2018 from the DG to the Commandant, BSF and order dated 21 September 2021, whereby the Commandant has conveyed the decision of the Additional Director General3, BSF to order Record of Evidence4, so that evidence could be gathered in respect of the charge against the petitioner. 3. Clearly, therefore, what the petitioner seeks is interdiction by this Court, with the inquiry proceedings, at an interlocutory stage. 4. Pleadings have been completed and written submissions have also been filed by both sides. 5. We have heard Dr. Surender Singh Hooda, learned Counsel for the petitioner and Mr. Manish Mohan, learned CGSC for the respondents at length. 6. The case that Dr. Hooda sets up, in favour of the petitioner, is as follows. 7. The petitione