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2023 Supreme(Del) 5496

SANJEEV SACHDEVA, MANOJ JAIN
Deepak – Appellant
Versus
Director General of Border Security Force And Ors – Respondent


Advocates appeared:
Mr. Rakesh Kumar with Mr. Pawan Kumar and Mr. Kumar Gautam, Advocates, for the Petitioner.
Ms. Jatinder Kaur, SPC, for the UOI.

JUDGMENT

Manoj Jain, J. - Petitioner seeks quashing of order dated 11.08.2022 passed by Summary Security Force Court (SSFC) whereby he has been directed to be dismissed from service. He also challenges order dated 30.06.2023 passed by Director General, Border Security Force (BSF) whereby his appeal has been dismissed.

2. As per the facts mentioned in the Writ Petition, petitioner joined BSF in the year 2008 and served at different places as constable. At the relevant time i.e. in the year 2022, he was posted at Border Outpost (BOP), Mohanpur with its Headquarters at Haringhat Farm, Nadia District, West Bengal. As a Nursing Assistant, his duty was to take care of the patients coming to the hospital. One lady constable made allegations of sexual harassment against him. Such allegations resulted in his suspension. Later on, he was tried by SSFC, presided over by his Commandant.

3. SSFC held him guilty and awarded him with sentence of dismissal from service.

4. Petitioner challenged the aforesaid order by filing an appeal before the Director General, BSF but it also did not find any favour.

5. It will be pertinent to mention here that the aforesaid appeal had been filed by the petitioner on















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