EX CONST CREW RAJVEER SINGH YADAV vs UNION OF INDIA & ORS.

Judgment text excerpt

$~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 07.01.2025 + W.P.(C) 46/2025 & CM APPL. 145-46/2025 EX CONST CREW RAJVEER SINGH YADAV .....Petitioner Through: Mr.S.S. Pandey & Mr.Roshan Kumar, Advs. versus UNION OF INDIA & ORS. .....Respondents Through: Mr.Awadesh Kr. Singh, Adv. along with Ms.Mahamaya Chatterjee, GP & Mr.Aayush Agrawal, Adv. 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 07.12.2021 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 07.12.2021 has been passed by the Signature Not Verified Digitally Signed W.P.(C) 46/2025 Page 1 of 4 By:SUNIL Signing Date:13.01.2025 19:02:44 Officer Commanding Boarder Security Force, Water Wing BSF Rajarhat, Action Area, New Town, Kolkata, striking off the petitioner from the strength of the Water Wingh, BSF, Rajarhat with effect from 07.12.2021, inter alia observing as under: “3. Under the provision of Rule 17 of the BSF Rules, 1969, NO 160801011 Const (Crew) Rajveer Singh Yadav of Water Wing, BSF, Rajarhat was given an opportunity to show cause vide this HQ Letter No. WW/Estt/5197/2021/3370 dated 23.06.2021 against his proposed termination from service. His reply t