EX CONST CREW HANS RAJ vs UNION OF INDIA & ORS.

Judgment text excerpt

$~77 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 07.01.2025 + W.P.(C) 44/2025 & CM APPLs. 139/2025 & 140/2025 EX CONST CREW HANS RAJ .....Petitioner Through: Mr.S.S. Pandey & Mr.Roshan Kumar, Advs. versus UNION OF INDIA & ORS. .....Respondents Through: Mr.Abhishek Khanna, SPC with Mr.Kapil Dev Yadav, GP & Comm. Hamender, BSF. 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 04.01.2022 vide which Petitioner was dismissed and thereafter quash all such orders including the Court of Inquiry. (b) Issue a Writ of Mandamus further, by directing the Respondents to permit the petitioner to the issuance of the Writ in the nature of Mandamus by directing the Respondents to permit the petitioner to rejoin services with all consequential benefits.” 2. The Impugned Order dated 04.01.2022 has been passed by the Officer Commanding, Water Wing, BSF, Rajarhat Action Area, New Signature Not Verified Digitally Signed W.P.(C) 44/2025 Page 1 of 4 By:SUNIL Signing Date:13.01.2025 18:59:08 Town, Kolkata, striking off the petitioner from the strength of the Water Wing, BSF, Rajarhat with effect from 04.01.2022, inter alia observing as under: “3. Under the provision of Rule-17 of BSF Rules-1969, No.160800988 CT/Crew Hansraj of Water Wings BSF Rajarhat was given an opportunity to show cause vide this HQ Letter No.WW/Estt./5797/2021/3679 dated 8th July 2021 against his proposed termination from service. His reply to the show cause notice Vide 78 Bn BSF Letter No. Prov/SCOI/7