JUDGMENT :

MANOJ MISRA, J.

1. These appeals are directed against the judgment and order of the High Court of Delhi at New Delhi (in short “the High Court”) dated 21.02.2013, by which W.P. (C) No. 17430 of 2006 filed by the respondent (the original petitioner) was allowed, the punishment of dismissal imposed upon the original petitioner was set aside and a direction was issued that the original petitioner would be entitled to full consequential benefits except salary to the extent of 50%. The appellants have also challenged the order of the High Court dated 22.11.2013, by which the review petition of the appellants seeking a review of the order dated 21.02.2013 was dismissed, though certain observations made in the earlier order were recalled.

FACTS

2. The original petitioner/accused (the respondent herein) was a Constable (General Duty) in the Border Security Force (in short “BSF”). The case against him was that while he was posted as a security aide to a lady doctor, on 17.06.2005, at about 7.45 pm, he clicked pictures of that lady doctor while she was taking her bath. The allegations against him were that on the fateful day, the lady doctor requested him to leave her quarter as she