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2023 Supreme(Del) 4929

SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Rajesh Kumar P V – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr. Naushad Alam & Mr. Sandeep Pathak, Advocates, for the Petitioner.
Mr. Sushil Kumar Pandey, Senior Panel Counsel, Mr. Sahaj Garg, Govt. Pleader & Mr. Kuldeep Singh, Advocate with Mr. Hemendra Singh, DC Law BSF, for the Respondent.

JUDGMENT

Neena Bansal Krishna, J.

1. The petitioner has filed the present petition under Article 226 of the Constitution of India to issue Writ of Certiorari to set aside the Chargesheet dated 19.08.2017, Order of Sentence of "Severe Reprimand" dated 21.08.2017, and also issue Writ of Mandamus to direct the respondent No. 1 to notionally promote him to the Rank of AC/Elect. against the vacancy year 2016-17 or 2017-18 or 2018-19 along with all consequential benefits and seniority.

2. The facts in brief as narrated in the present petition are that the petitioner is presently working as Inspector/Junior Engineer (Electrical) with the Border Security Force (hereinafter referred to as "BSF") and is currently posted at STS-BSF, Tigri, New Delhi. While working as Junior Engineer, a Summary Trial was initiated against him by DIG, Barmar and he was served with Chargesheet dated 14.10.2016 and was charged with two charges under Border Security Force Act 1968 (hereinafter referred to as the "Act, 1968"), namely: Section 35(a) for knowingly making a false statement in a document signed by him; and Section 40 for committing an omission prejudicial to good order and discipline of the force.

3.

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