EX CONST CREW DINESH KUMAR YADAV vs UNION OF INDIA AND ORS.

Judgment text excerpt

$~78 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 07.01.2025 + W.P.(C) 45/2025 & CM APPL. 143-44/2025 EX CONST CREW DINESH KUMAR YADAV .....Petitioner Through: Mr.S.S. Pandey & Mr.Roshan Kumar, Advs. versus UNION OF INDIA AND ORS. .....Respondents Through: Mr.Kushagra, SPC with Mr.JK Mishra. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE SHALINDER KAUR NAVIN CHAWLA, J. (Oral) 1. This petition has been filed by the petitioner praying for the following reliefs: “ (a) Issue a Writ of Certiorari calling for the records including the court of inquiry which was finalized illegally and used against the Petitioner to pass impugned order dated 21.05.2019 vide which Petitioner was discharged from service and the records based on which the appeal against such order of compulsory retirement filed by the Petitioner on was rejected vide order dated 17.10.2019 and thereafter quash all such orders including the court of inquiry. (b) Issue a Writ of Mandamus by directing the Respondents to reinstate the Petitioner in service with all consequential benefits.” 2. The Impugned Order dated 21.05.2019 has been passed by the office of the Deputy Inspector General Dhubri Sector Border Security Force, Panbari, Dhubri (Assam), striking off the petitioner from the strength of the Water Wing BSF, Dhubri with effect from 21.05.2019, Signature Not Verified Digitally Signed W.P.(C) 45/2025 Page 1 of 4 By:SUNIL Signing Date:13.01.2025 19:01:11 inter alia observing as under: “3. Under the provision of Rule-17 of BSF Rules - 1969, No.161618685 CT/Crew Dinesh Kumar Yadav of Water Wings BSF Dhubri was given an opportunity to show cause vide SHQ BSF Dhubri Letter No. Estt/DBI/SCN-WW- DBR/2019/67 dated 6th April 2019 against his proposed termination from service. His reply to the