PRAKASH CHAND SHARMA vs UNION OF INDIA & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 14 August 2025 Judgment pronounced on: 28 August 2025 + W.P.(C) 6148/2024, CM APPL. 25569/2024 & CRL.M.(BAIL) 1412/2025 PRAKASH CHAND SHARMA .....Petitioner Through: Mr. Nitin Joshi, Mr. Harsimran Singh, Mr. Vaibhav Thaledi, Mr. Sunit Dutt Sharma, Mr. Gursimran Singh and Mr. Harsh Singh, Advs. versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Ajay Kumar Pandey, SPC with Mr. Amit Acharya, GP with Mr. Kishan Pandey, Adv. for UOI with Mr. Paramjeet Singh, Law Officer, BSF. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT % 28.08.2025 OM PRAKASH SHUKLA, J. 1. The petitioner has filed the present petition assailing his dismissal from service and his conviction thereof under Sections 7 & 11 of the Prevention of Corruption Act1, 1988 by the General Security Force Court2 constituted under the Border Security Force Act3, 1968. 1 “The PC Act”, hereinafter 2 “GSFC”, hereinafter 3 “The BSF Act”, hereinafter Signature Not Verified Signed By:GUNN Signing Date:01.09.2025 12:21:10 W.P.(C) 6148/2024 Page 1 of 35 He further assails the confirmation of the same by Respondent No.3 and the disposal of his „Pre Confirmation Petition‟ and „Post Confirmation Petition‟ by Respondent No.2. 2. Shorn of unnecessary details, the facts as noted from the petition would be that the petitioner was enrolled in the Border Security Force4 as SI/JE (Elect.) on 16.06.1993 and was subsequently promoted to Deputy Commandant (Electricals) on 27.01.2020 at HQ South Bengal Frontier BSF. 3. Allegations of corruption were levelled against the petitioner and as such a Staff Court of Inquiry5 was initiated against him on 28.03.2022 to „investigate into the circumstances relating to acceptance of bribe