KAILASH CHAND DIG vs UNION OF INDIA AND ORS

Judgment text excerpt

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 572/2016 KAILASH CHAND DIG .....Petitioner Through: Mr. Himanshuu Gautam and Ms. Niharika Punn, Advs. versus UNION OF INDIA AND ORS .....Respondents Through: Mr. Rakesh Kumar, CGSC with Mr. Sunil, Adv. for UOI CORAM: HON'BLE MR. JUSTICE C.HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 07.04.2025 AJAY DIGPAUL, J. 1. This petition has been filed by the petitioner with the following prayers: “In view of the facts and circumstances stated above, it is most respectfully prayed that this Hon’ble Court be pleased to:- (i) Issue a writ of Certiorari quashing the Proceedings, Findings and Sentence of General Security Force Court (GSFC), held between the period 12.12.2012 to 20.08.2013 and promulgated on 15.02.2014, in respect of the Petitioner; (ii) Issue a writ of Certiorari quashing the Respondent’s Order dated 15.10.2014 vide which they have rejected the Petitioner’s Statutory Complaint dated 19.05.2014 against the said GSFC; (iii) Issue a writ of Mandamus directing the respondents to restore all consequential benefits to the Petitioner; (iv) Issue any other writ/direction that this Hon’ble Court Pass may deem fit and proper in the facts of this case.” Signature Not Verified Signed By:SHILPI W.P.(C) 572/2016 Signing Date:16.04.2025 Page 1 of 14 18:16:12 2. The facts as noted from the petition are that the petitioner joined Border Security Force1 in March, 1984 as Assistant Commandant and was thereafter promoted to the rank of Deputy Commandant in September, 1989. During his service, a complaint was filed in 2009 by the widow of petitioner‟s deceased younger brother, before the DG, BSF alleging therein that the petitioner married her during her visit to Terihat in September, 2000 and had forcibly cohabite