DHARMENDRA PAL vs UNION OF INDIA & ORS.

Judgment text excerpt

$~78 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10635/2025 & CM APPL. 44041/2025 DHARMENDRA PAL .....Petitioner Through: Mr. Abhay Kumar Bhargava, Mr. Satyaarth Sinha and Ms. Khushi, Advs. versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Rishabh Sahu, SPC with Mr. Sameer Sharma, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA ORDER (ORAL) % 24.07.2025 C. HARI SHANKAR, J. 1. This petition assails a communication dated 12 July 2025, issued under Rule 25 of the Border Security Force Rules, 1969, proposing to retire the petitioner from the services of the BSF on the ground of physical unfitness without pensionary benefits, on the basis of the recommendations of a medical board. The order itself grants the petitioner a liberty to make a representation to the DIG within a period of 15 days. 2. Mr. Bhargava, learned Counsel for the petitioner candidly acknowledges that his client has not made any such representation and W.P.(C) 10635/2025 Page 1 of 2 Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:28.07.2025 12:28:39 instead moved this Court against the aforesaid notice. 3. Nonetheless, in the interests of justice, we deem it appropriate to dispose of this petition with a direction to the respondent to treat the petition as a representation and to take a decision thereon within a period of six weeks from today. The decision, as and when taken, would be communicated forthwith to the petitioner. 4. In the event that the decision is adverse to the petitioner, its operation would remain under suspension for a period of one week in order to enable the petitioner to avail legal remedies thereagainst, if so advised. 5. The petition is disposed of in the aforesaid terms. C. HARI SHANKAR, J OM PRAKASH SHUKLA, J