ANIL KUMAR UPADHAYA vs UOI AND ORS

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 10.07.2025 Date of Decision: 08.08.2025 + W.P.(C) 1024/2010 ANIL KUMAR UPADHAYA .....Petitioner Through: Mr. Ankur Chhibber, Mr. Karn Deo Baghel and Mr. Shivam Choudhary, Advocates versus UOI AND ORS .....Respondents Through: Mr. Bhagwan Swarup Shukla, CGSC with Mr. Shravan Shukla, Mr. Yash Baraliya, Advs. with Mr. Paramveer Singh, Law Officer, BSF CORAM: HON'BLE MR. JUSTICE C.HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT % AJAY DIGPAUL, J. 1. The petitioner, Anil Kumar Upadhyay, was recruited into the Border Security Force1 on 01.01.1991 as a Constable (Radio Operator). He was subsequently promoted to the rank of Naik (Radio Operator) in 1992 and then to Head Constable (Radio Operator) in 1997. He served in various postings and, at the time of the relevant events in 2003, he was attached to the 126th Battalion, BSF, which was stationed at Nalkata, Tripura. Signature Not Verified W.P.(C) 1024/2010 Page 1 of 27 Signed By:SHILPI Signing Date:08.08.2025 20:04:16 2. On 18.08.2003, the Petitioner was officially diagnosed with acute psychosis and placed in a low medical category for a period of six weeks as per the order of the Commandant, 126th Battalion, BSF. 3. On 27.08.2003, the Petitioner was examined by a Psychiatrist at the Government Hospital, Agartala, who prescribed medication and advised close observation. The OPD slip dated 27.08.2003 mentioned to keep a close observation to avoid self-harm or injury to others. 4. On 18.09.2003, Constable Narendra Kumar Yadav, also of the 126th Battalion, submitted a written complaint to the Commandant of the unit. The complaint alleged that on the night of 16.09.2003, at approximately 11:10 p.m., while the complainant was on patrolling duty, an unidentified person