PATIL SHIVAJI MADHUKAR vs UNION OF INDIA & ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 15.10.2025 Judgment pronounced on: 30.10.2025 + W.P.(C) 1027/2024 & CM APPL. 4250/2024 PATIL SHIVAJI MADHUKAR ....Petitioner Through: Dr. Surender Singh Hooda, Mr. Aayushman Aeron and Mr. Shaurya Pratap Singh Banshtu, Advs. versus UNION OF INDIA AND ANR. .....Respondents Through: Mr. Anshuman, Sr. PC for UOI. CORAM: HON'BLE MR. JUSTICE C.HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT % 30.10.2025 OM PRAKASH SHUKLA, J. 1. The present writ petition filed under Article 226 of the Constitution of India has been preferred by the petitioner seeking (i) quashing of the Findings and Sentence Order dated 14.09.2022 passed by the General Security Force Court1 (ii) quashing of order dated 25.09.2023 passed by Directorate General, Border Security Force2 whereby the petitioner’s statutory petition against the order of dismissal came to be dismissed (iii) a direction to reinstate the petitioner in 1 “GSFC” hereinafter 2 “BSF” hereinafter W.P.(C) 1027/2024 Page 1 of 14 Signature Not Verified Signed By:GUNN Signing Date:30.10.2025 16:18:33 service (iv) call for the entire record of Court of Inquiry3, Record of Evidence4, and proceedings in GSFC. 2. The brief factual matrix is that the petitioner herein was serving as a Sub-Inspector in the BSF. It is alleged that around June-July 2019, WhatsApp communication commenced between the petitioner and one Ms. X, the wife of a fellow Constable, who resided in the same building, and their acquaintance thereafter allegedly developed beyond just friendship. It is also alleged that the petitioner, on several occasions, gifted Ms. X a mobile phone, gold locket and a dress/frock, and purportedly began to visit her at her residence in the absence of her husband. Thereafte