ASST. COMMANDANT DEO DUTT SHARMA vs UNION OF INDIA & ORS.

Judgment text excerpt

$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 27.04.2026 + W.P.(C) 5645/2026, CM APPL. 27708/2026 and CM APPL. 27709/2026 ASST. COMMANDANT DEO DUTT SHARMA .....Petitioner Through: Mr. V. S. Dubey, Adv. versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Vinay Yadav, CGSC along with Ms. Kamna Behrani and Ms. Ayushika Mishra, Advs. and Inspector Abhishek Singh – BSF. Mr. Vanshul Pali, GP CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN J U D G M E N T (ORAL) ANIL KSHETARPAL, J.: 1. By way of the present Petition, the Petitioner, who is serving as an Assistant Commandant in the Border Security Force [„BSF‟], prays for the following reliefs: “a) Issue a writ of Mandamus, or any other appropriate writ, Quash the impugned order dated 23.12.2024 passed by the Director General, BSF and the order of the GSFC dated 10.09.2022 and all the consequential orders thereof; b) Direct that the penalty/punishment, if any, be computed from the date of the alleged incident i.e., 15.05.2020, and not from the date of the impugned order i.e., 10.09.2022; c) Quash and set aside the adverse ACRs for the period 01.04.2021 to 18.10.2021; Signature Not Verified Signed By:JAI NARAYAN Signing Date:30.04.2026W.P.(C) 5645/2026 Page 1 of 5 16:05:31 d) Direct grant of all consequential benefits, including consideration for promotion; e) Direct disposal of the Petitioner's representation dated 07.11.2025 by a proper reasoned speaking order;” 2. At the outset, it is noted that prayer (c) does not survive for consideration in view of the submission that the Petitioner‟s representation concerning the adverse ACRs has already been decided on 16.01.2026. Accordingly, the said relief has become infructuous. FACTUAL MATRIX 3. The Petitioner, while serving as C