S N JHA vs UNION OF INDIA AND ANR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 10th OCTOBER, 2025 IN THE MATTER OF: + W.P.(C) 8701/2017 S N JHA .....Petitioner Through: Mr. Jayant K. Sud, Sr. Adv. with Mr. Durga Dutt, Mr. Sahib Kochhar, Ms. Shayal Anand, Mr. Sai Manik Sud and Mr. Aryan Mishra, Advocates. versus UNION OF INDIA AND ANR .....Respondents Through: Mr. Vikrant N. Goyal, Mr. Sumit Goswami and Mr. Arun Kumar Yadav, Advocates. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD HON'BLE MR. JUSTICE SAURABH BANERJEE JUDGMENT SUBRAMONIUM PRASAD, J. 1. The present writ petition impugns the order dated 06.04.2015 passed by the General Security Force Court [“GSFC”] of the Border Security Force [“BSF”] and the subsequent orders of the Appellate Authority dated 27.04.2016, upholding the order passed by the GSFC. By way of the said order dated 06.04.2015, the Petitioner was tried under Section 46 of the BSF Act, 1968 [“BSF Act”] and found guilty under Section 307 of the Indian Penal Code, 1860 [“IPC”] and sentenced to be dismissed from service. 2. Shorn of unnecessary details, facts as noted from the petition are that the Petitioner was enrolled in BSF on 15.05.1980 as a Constable (General Duty) [“Constable/GD”].Upon having completed his basic recruit training, Signature Not Verified Digitally Signed By:SHAZAAD ZAKIR W.P.(C) 8701/2017 Page 1 of 45 Signing Date:10.10.2025 18:30:30 the Petitioner joined 52 Battalion [“Bn”], BSF and thereafter, served in 89 Bn, 04 Bn, 192 Bn, 20 Bn, Ftr. HQ BSF, North Bengal and 29 Bn. After getting promoted to the rank of Sub-Inspector (GD) [“SI/GD”], the Petitioner joined 111 Bn on 22.05.2009. 3. As per the Spot Verification Report recorded by one Gentinlal, the then Commandant of 111 Bn, on 21.02.2013 at about 0630 hours, the Petitioner was detailed as party com