PREMA RAM EX BSF CONSTABLE vs UOI & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 18.12.2024 Pronounced on: 05.03.2025 + W.P.(C) 10858/2009 PREMA RAM EX BSF CONSTABLE .....Petitioner Through: Mr. Ankur Chhibber, Adv. versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Mukul Singh, CGSC with Ms. Ira Singh, Adv. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE SHALINDER KAUR JUDGMENT SHALINDER KAUR, J. 1. The present petition has been filed by the petitioner under Article 226 of the Constitution of India, assailing the Order dated 30.09.2008 passed by the Commandant of the 105th Battalion (Bn.), Border Security Force (BSF) vide which the petitioner was dismissed from Service. He has also assailed the Order dated 22.04.2009 passed by the Director General (DG), BSF, rejecting his Statutory Petition under Section 117(2) of the BSF Act, 1968 (in short, „the BSF Act‟). 2. The brief facts leading to the filing of the present petition are that the petitioner joined the BSF as a Constable (General Duty) on 22.10.1990, and upon successful completion of his basic training, he Signature Not Verified Digitally Signed By:NEELAM W.P.(C) 10858/2009 Signing Date:05.03.2025 Page 1 of 21 20:38:43 reported to the 105th Bn., BSF, on 03.11.1991. Initially, the petitioner was posted in 'B' Company, 105th Bn.,BSF and in June,2008, the said Company was deployed at BSF post Asharidah in the State of West Bengal. 3. On 25.06.2008, the Coy Commander of „G‟ Coy detailed the petitioner to purchase coal and fresh vegetables from the Bhagwangola Market for the Border Out Post (BOP), Other Ranks‟ Mess, Kanapara. It is the claim of the respondents that the petitioner left the BOP Kanapara along with Constable Mir Rahim at around 0815 hrs., and while they were on their way, the petitioner parted ways with the Cons