SHANTANU SAHA vs UNION OF INDIA AND ORS

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 20.11.2025 Judgment pronounced on: 04.12.2025 + W.P.(C) 4261/2024 SHANTANU SAHA .....Petitioner Through: Mr. Arjun Panwar, Adv. versus UNION OF INDIA AND ORS .....Respondents Through: Ms. Shubhra Parashar, CGSC with Mr. Virender Pratap Singh Charak, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT % 04.12.2025 OM PRAKASH SHUKLA, J. 1. The present writ petition has been filed under Article 226 of the Constitution of India seeking quashing of (i) the Findings and Sentence order dated 28.03.2023 passed by the General Security Force Court1, whereby the petitioner was sentenced to one year simple imprisonment and was dismissed from service; (ii) order dated 22.04.2023 passed by Additional Director General, Western Command, Headquarter, SPL, Director General, Border Security Force2, whereby the petitioner’s pre- confirmation appeal under Section 117(1) of the Border Security Force 1 “GSFC” hereinafter 2 “BSF” hereinafter Signature Not Verified Signed By:PREETI Signing Date:04.12.2025 12:59:23 W.P.(C) 4261/2024 Page 1 of 25 Act, 19683 was dismissed; (iii) the Promulgation order dated 06.05.2023 whereby the petitioner was dismissed from service and was committed to civil prison for serving sentence of one year simple imprisonment; and (iv) order dated 01.01.2024 passed by Director General, BSF, whereby the petitioner's post-confirmation petition dated 21.10.2023 under section 117 (2) of the Act against sentence and findings of the GSFC was rejected. FACTS 2. The petitioner was recruited in BSF on 03.04.1990 as Constable (General Duty) and was posted in 27th Battalion4, BSF, Tagore Villa, Kolkata. 3. The prosecution’s story in brief is that a lady officer5 was posted