LOKESH SINGH vs UNION OF INDIA

Judgment text excerpt

$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6459/2024 LOKESH SINGH .....Petitioner Through: Mr. Soibal Gupta and Mr. Suresh Kumar, Advs. versus UNION OF INDIA .....Respondent Through: Mr. Tanveer Ahmed Ansari, CGSC. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 16.10.2025 C.HARI SHANKAR, J. 1. Disciplinary proceedings, which commenced against the petitioner with the issuance of a chargesheet dated 24 July 2023, culminated, via the exercise of a Summary Security Force Court, in the awarding of a punishment, on the petitioner, of dismissal from service, vide order dated 3 August 2023. 2. The petitioner challenged the said decision by way of a statutory petition which was also dismissed by an order issued by the Assistant Commandant (Law) for and on behalf of the Director General, Border Security Force1 on 2 April 2024. 3. Aggrieved thereby, the petitioner has instituted the present writ 1 “BSF”, hereinafter Signature Not Verified Signed By:PREETI W.P.(C) 6459/2024 Page 1 of 5 Signing Date:17.10.2025 19:39:19 petition before this Court. 4. We have heard Mr. Soibal Gupta, learned Counsel for the petitioner and Mr. Tanveer Ahmed Ansari, learned CGSC for the respondent. 5. The articles of charge in the charge-sheet issued to the petitioner read thus: “CHARGE SHEET The accused, No. 901733171 HC(GD) Lokesh Singh, ‘SP’ Coy of 61 Bn BSF, is charged with: FIRST CHARGE BSF Act, 1968 AN ACT PREJUDICIAL TO GOOD ORDER AND DISCIPLINE OF THE FORCE Section- 40 in that he, in the intervening night of 29th/30th Mar’ 2023 at about 0129 hrs, while deployed for 2nd shift ACP duty at ACP Point No. 12 in the area of responsibility of BOP North Agra on Indo-Bangladesh border, facilitated crossing of about 10 miscreants into Indian