SANJEEV KUMAR vs UNION OF INDIA & ORS.

Judgment text excerpt

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 23.02.2026 + W.P.(C) 2488/2026 & CM APPL. 12078/2026 SANJEEV KUMAR .....Petitioner Through: Mr. Anil, Adv. versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Amit Gupta, SPC, Mr. Vidur Dwivedi, GP, Mr. Devendra Singh, Advs. CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA MANMEET PRITAM SINGH ARORA, J. (ORAL) CM APPL. 12078/2026 (for exemption) 1. Exemption is allowed, subject to all just exceptions. 2. The application is disposed of. W.P.(C) 2488/2026 1. The present writ petition is being filed under Article 226 of the Constitution of India, seeking quashing of the dismissal order dated 23.07.2022 passed by commandant 40th battalion, Indo-Tibetan Border Police Force [‘ITBP’] and statutory appeal order dated 15.11.2023 passed by Director General ITBP through DIG(Estt.) ITPB headquarter [‘impugned orders’]. Signature Not Verified Signed By:MAHIMA W.P.(C) 2488/2026 Page 1 of 6 SHARMA Signing Date:02.03.2026 16:34 2. The facts relevant to the present petition, as pleaded are: - 2.1 The petitioner was appointed as Constable (GD) in the Indo-Tibetan Border Police Force on 29.07.2012. In the year 2015, the petitioner developed a serious psychiatric illness while in service. He was treated by ITBP psychiatrists and other government institutions. The petitioner was repeatedly placed in low medical category owing to his mental illness and last reported on duty on 26.11.2021. 2.2 The respondents initiated a Court of Inquiry (‘COI’) on 14.01.2022 for alleged unauthorized absence of the petitioner since 27.11.2021 and declared him ‘deserter’ vide order dated 15.02.2022. 2.3 Subsequently, following the procedure contemplated under Rule 20 of the ITBP Rules vide order