SHEELENDRA KUMAR vs UNION OF INDIA THROUGH SECRETARY & ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on : 01.08.2025 Judgment pronounced on: 13.08.2025 + W.P.(C) 10624/2020 SHEELENDRA KUMAR .....Petitioner Through: Mr. Akhilesh Kumar Pandey, Ms. Deepika Mishra, Mr. Manoj Kumar and Mr. Abhishek Misra, Advs. versus UNION OF INDIA & ORS. .....Respondents Through: Ms. Richa Dhawan SPC along with Mr. Anuj Chaturvedi, Adv CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT 13.08.2025 % OM PRAKASH SHUKLA, J. 1. The petitioner has filed the present petition assailing his dismissal from service and his conviction under Section 354 and Section 323 of the Indian Penal Code, 18601 by the General Security Force Court2 constituted under the Border Security Force Act, 19673. 2. Shorn off unnecessary details, the facts as noted from the petition would be that the petitioner was enrolled as CT. (GD) bearing 1 “IPC”, hereinafter 2 “GSFC”, hereinafter 3 “BSF Act”, hereinafter Signature Not Verified Signed By:GUNN Signing Date:13.08.2025 11:08:25 W.P.(C) 10624/2020 Page 1 of 26 No. 944554474 in the Border Security Force4 on 06.04.1994 as Constable and with an unblemished career in the force. 3. In the year 2010, 70 Bn BSF was deployed along the Indo- Bangladesh border under Tripura Frontier BSF, and the petitioner was among those who were deployed. On 29th November 2020, „D‟ Coy 70 Bn was deployed at Border Out Post5 Amzadnagar near Belonia, district South Tripura. On the same day at about 5:30 hrs, CT. V Velusami and CT. Santosh Singh Jat left the aforesaid BOP for Observation Point6 duty, at OP No. 3 along the border. At the same time, a dog patrolling team comprising of CT. Ashwani Kumar and CT. Rajesh Singh also left the BOP for patrolling along with border, who were later joined by th