MUKESH KUMAR vs UNION OF INDIA AND ORS

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 06.04.2026 Judgment pronounced on: 04.05.2026 + W.P.(C) 4366/2026 and CM APPL. 21249/2026 MUKESH KUMAR .....Petitioner Through: Mr. Shivanshu Bhardwaj, Adv versus UNION OF INDIA AND ORS. .....Respondents Through: Through: Mr. Suhail Malik, SPC with Mr. Aqib Zaman, Adv. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN JUDGMENT AMIT MAHAJAN, J. 1. Through the present writ petition, the Petitioner has sought the following prayers: “a. To quash and set aside the Impugned Order dated 25.02.2026; and/ or b. Issue a writ of Mandamus directing the Respondents to reinstate the Petitioner back into service with continuity of service, full consequential benefits and arrears of pay and allowances, treating the entire period of suspension and alleged absence as duty for all purposes; and/ or Signature Not Verified Signed By:HARMINDER KAUR W.P.(C) 4366/2026 Signing Date:04.05.2026 Page 1 of 13 16:26:00 c. Direct the Respondents to release subsistence allowance and other admissible dues to the Petitioner for the entire period of his suspension, together with interest at a rate deemed appropriate by this Hon'ble Court; and/ or d. Quash and set aside the impugned order dated 07.02.2025, as also the order dated 16.01.2025; and/or e. To pass such other and further order, which this Hon'ble Tribunal deem fit and proper in the existing facts and circumstances of the case.” 2. The brief facts of the case are as follows: 2.1. The Petitioner was appointed to BSF as an Assistant Sub Inspector in the year 2001, and he was promoted to the post of Sub Inspector in the year 2013. From July, 2013 till September, 2017, the Petitioner was posted at Adm Dte., FHQ, BSF, New Delhi and was performing the duties