RAJNISH KUMAR EX CONSTABLE GD vs UNION OF INDIA THROUGH MINISTRY OF HOME AFFAIRS AND ORS

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 30.04.2026 Judgment pronounced on: 02.05.2026 + W.P.(C) 11617/2023 RAJNISH KUMAR EX CONSTABLE GD .....Petitioner Through: Mr. Gaurav Kumar and Mr. Naman Sherstra, Advs. versus UNION OF INDIA THROUGH MINISTRY OF HOME AFFAIRS AND ORS .....Respondents Through: Ms. Ritu Reniwal, SPC. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN JUDGMENT AMIT MAHAJAN, J. 1. By the present petition, the Petitioner essentially challenges the correctness of the order dated 04.08.2021 (hereafter ‘impugned order’) passed by Respondent No. 5 whereby the Petitioner was found guilty of the charges under Sections 20(b), 20(c), 22(a), 40 of the BSF Act, 1968 and was sentenced to be dismissed from service. 2. Succinctly put, the relevant facts necessary for the adjudication of the present petition are as follows: 2.1. The Petitioner was working as Constable (GD) in the Border Security Force. It is alleged that on 26.07.2021, the Petitioner pointed his personal weapon towards his superior officer and used insubordinate language towards them. It is further alleged that the Petitioner neglected to obey the orders and acted in a manner that was Signature Not Verified Signed By:DEEPANSHU W.P.(C) 11617/2023 Page 1 of 7 Signing Date:02.05.2026 18:54:50 prejudicial to the discipline of the force. Based on the said allegations, the following charges were framed against the Petitioner : FIRST USING THREATENING LANGUAGE TO HIS CHARGE BSF SUPERIOR OFFICER ACT, 1968 In that he, Sec-20(b) On 26.07.2021 at MMG Morcha of BOP Choura Forward-II, 89 Bn BSF pointed his personal weapon towards SI Tejpal Singh, HC Surender Kumar and CT Dipender Tiwari and said “GOLI MAAR DUNGA” or words to that effect. SECOND USING IN-SUBORDI