DEEPAK KUMAR SHUKLA vs UNION OF INDIA & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 10.04.2026 Judgment pronounced on: 16.04.2026 + W.P.(C) 4754/2026 DEEPAK KUMAR SHUKLA .....Petitioner Through: Mr. Saroj Kumar Singh, Advocate. versus UNION OF INDIA & ORS. .....Respondents Through: Ms. Arunima Dwivedi CGSC with Ms. Pinki Pawar GP Ms. Himanshi Singh, Advocates. Mr. Jitendra Kumar Shukla from BSF. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN JUDGMENT AMIT MAHAJAN, J. 1. The present petition is filed under Article 226 of the Constitution of India assailing order dated 02.12.2023, passed by the Commandant, 118 Battalion, Border Security Force, whereby the Petitioner was dismissed from service and consequently praying for reinstatement into service. Signature Not Verified Signed By:HARMINDER KAUR W.P.(C) 4754/2026 Signing Date:16.04.2026 Page 1 of 13 17:18:08 2. Briefly stated, the petitioner was serving as a Constable (GD) in the Border Security Force, and was deployed with ‘E’ Company at Border Out Post (BOP) Sahebkhali along the India–Bangladesh border between June 2022 and January 2023. During this period, an operational incident occurred on the intervening night of 29th - 30th January 2023 while he was assigned to Boat Naka duty. A report indicated suspicious movement, including footprints and possible smuggling activity in the area. It was alleged that when a floating object was noticed, the petitioner failed to respond despite being alerted by his colleague, and remained inactive. This raised suspicion regarding his conduct during operational duty. 3. Subsequently, his mobile phone was seized and subjected to forensic analysis, which revealed that he had been using an undeclared mobile device during duty hours in violation of standing instructions, and