OM PRAKASH IRLA NO 19566061 vs UNION OF INDIA & ANR.

Judgment text excerpt

$~75 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5629/2021 OM PRAKASH IRLA NO 19566061 .....Petitioner Through: Mr. Ankur Chhibber, Adv. versus UNION OF INDIA & ANR. .....Respondents Through: Mr. Anshuman, Sr. PC with Mr. Vaibhav Sood, Adv. for UOI with Mr. Paramveer Singh, Law Officer BSF and HC. J.K. Mishra, BSF CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 12.11.2025 C. HARI SHANKAR, J. Facts, and the lis 1. Following proceedings under Rule 20(2)1 read with Rule 20(4)2 1 (2) When after considering the reports on an officer's misconduct, the Central Government or the Director General, as the case may be, is satisfied that the trial of the Officer by a Security Force Court is inexpedient or impracticable, but is of the opinion, that the further retention of the said officer in the service is undesirable, the Director-General shall so inform the officer together with particulars of allegation and report of investigation (including the statements of witnesses, if any, recorded and copies of documents if any, intended to be used against him) in cases where allegations have been investigated and he shall be called upon to submit, in writing, his explanation and defence: Provided that the Director-General may with hold disclosure of such report or portion thereof if, in his opinion, its disclosure is not in the interest of the security of the State. 2 (4) When submitting a case to the Central Government under the provision of sub-rule (2) or sub-rule (3), the Director-General shall make his recommendation whether the Officer's service should be terminated, and if so, whether the officer should be,— (a) dismissed from the service; or (b) removed from the service; or (c) retired from the service; or (d) called upon