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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Anurag Saxena – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 3464 of 2023 & CM APPL. 13412 of 2023
Decided On : 20-03-2023
certiorari - Border Security Force Rules - The court granted the petitioner's request to quash the show cause notice and provided specific instructions for the process to be followed by the respondents.
Fact of the Case:
The petitioner sought to quash a show cause notice issued by the respondents under specific rules.
Finding of the Court:
The court granted the petitioner's request and provided specific instructions for the process to be followed by the respondents.
Issues: Quashing of show cause notice, non-receipt of Court of Inquiry copy
Ratio Decidendi: The court directed the respondents to furnish the copy of the Court of Inquiry to the petitioner and granted time for the petitioner to make a reply to the show cause notice.
Final Decision: The petition along with pending application is disposed of, with the option for the petitioner to challenge the decision before the appropriate forum if still aggrieved.
JUDGMENT (Oral)
1. Vide the present petition, the petitioner is seeking following reliefs:
"a.) Issue a writ of certiorari quashing show cause notice dated 06.02.2023 issued by the respondents under Rule 21 of Border Security Force Rules, 1969 and Rule 21(2) of CCS (Conduct) Rules, 1964."
2. Learned counsel on behalf of the petitioner submits that the Paragraph 7 of the Show-Cause Notice dated 06.02.2023 mentions that the copy of the Court of Inquiry is enclosed, however, the same has not been received by the petitioner.
3. Learned counsel, appearing on advance notice for respondents on instructions from Mr. M.R. Panda, Second-in-Command (Confidential), Border Security Force, submits that the copy of the Court of Inquiry shall be furnished to the petitioner within one week from today.
4. On receipt of the copy of the Court of Inquiry, further two weeks' time are granted to the petitioner to make a reply to the Show-Cause Notice dated 06.02.2023.
5. Further, on receipt of the reply of the petitioner, the respondents shall at liberty to decide the same within the statutory period.
6. The decision, so taken, shall be communicated to the petitioner in writing within one week thereafter.
7. Accordingly, the present petition along with pending application is disposed of.
8. Needless to state that if the petitioner is still aggrieved by the decision of the respondents, he may challenge the same before the appropriate forum.
The court has the power to quash a show cause notice and can provide specific instructions for the process to be followed by the respondents.
The main legal point established in the judgment is the principle of granting the petitioners the opportunity to make a final representation and ensuring that the respondents consider relevant polici....
The court's decision was centered around the principles of providing access to the order and ensuring fairness in the revisional trial process.
The court emphasized the importance of the respondents deciding on the petitioner's representation within a specified timeframe and communicating the decision with a reasoned order.
Follow due process in administrative actions under transport regulations.
The court held that compliance with show cause notice allowed for further proceedings, preserving the petitioner's rights to challenge any adverse decision.
Failure to respect the statutory period for reply before scheduling a personal hearing renders the communication contrary to CBLR 2018.
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