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2020 Supreme(Del) 1095

RAJIV SAHAI ENDLAW, ASHA MENON
Ashok Vishwakarma – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
Kushal Choudhary, Advocate, Neela Gokhale, Advocate, Harshal Gupta, Advocate, Shruti Dixit, Advocate, Anju Gupta, Advocate

JUDGMENT

Asha Menon, J. - C.M. Appln. No.24314/2020 (Exemption from filing certified copy of documents & orders, documents and annexures)

    1. Allowed, subject to just exceptions and as per extant rules.

    2. The application is disposed of.

      W.P. (C) 7192/2020

      3. The petitioner has filed the instant petition against the order dated 6th March, 2019 passed by the office of the Commandant, 38 Bn BSF, Roopnagar, Coochbehar, West Bengal, by virtue of which, the petitioner was retired from service w.e.f. the date of the order on the grounds of unsuitability under the provision of Rule 26 of the Border Security Force Rules, 1969 (BSF Rules, 1969) without pensionary benefits for having allegedly entered into plural marriages.

      4. The facts as set out in the petition are that the petitioner had enrolled in the Border Security Force (BSF) on 29th June, 2010. His marriage was solemnized with one Ms. Rachana Vishwakarma on 25th April, 2012 as per Hindu rituals. A daughter was born to them in 2013.

      5. The trouble started for the petitioner when a letter dated 24th August, 2018 was received from the Additional Family Judge/ADJ Fast Track Court No.2, Azamgarh directing the Director General (DG), BSF to

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