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DELHI HIGH COURT
MANMOHAN, NAVIN CHAWLA
Ravinder – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. challenge to dismissal based on service conduct. (Para 1) |
| 2. contentions regarding dismissal process and criteria. (Para 2 , 3) |
| 3. court's assessment of petitioner's disciplinary record. (Para 4 , 5) |
| 4. court's affirmation of dismissal decision. (Para 6 , 7) |
JUDGMENT
Manmohan, J. (Oral)--Present writ petition has been filed challenging the show cause notice dated 27th May 2020 and order dated 16th June, 2020 passed by the DIG, SHQ BSF Jalpaigudi vide which the petitioner was retired from service and orders dated 10th August, 2021 and 02nd November, 2020 vide which the representation preferred by the petitioner against the order dated 16th June, 2020 and subsequent representation dated 15th October, 2020 was rejected.
2. Learned counsel for the petitioner states that vide the impugned orders, the petitioner was dismissed from service on the grounds of unsuitability without following relevant rules and guidelines prescribed vide circular issued by the Director General of the BSF bearing number 13/46/2016- Estt/BSF/4406-756 in March 2017. He emphasises that the rules stipulates that only the incorrigible or those who have outlived their utility and the capacity for wo
The court upheld the dismissal of the petitioner for unsuitability, affirming that the decision-making process was fair and aligned with established guidelines, despite the petitioner's claims of per....
The competent authority's requirement for a retirement application at a new posting is valid, and voluntary retirement can only be denied if service interests demand it.
Dismissal of a police officer must consider length of service and pension rights, as mandated by Rule 16.2 of the Punjab Police Rules.
The decision of compulsory retirement should be based on material and the subjective satisfaction of the government, and adverse remarks in the service record, including uncommunicated entries in the....
Administrative decisions regarding compulsory retirement based on subjective satisfaction of authorities are not subject to judicial review unless proven to be arbitrary or mala fide.
Dismissal of a police officer must consider length of service and pension rights, and should only occur for gravest misconduct or cumulative misconduct.
The application for voluntary retirement should be considered by the new unit after the petitioner's transfer.
The main legal point established is that the dismissal of a member from service under Section 11(2) of the BSF Act, 1968 can be justified based on repeated instances of indiscipline and offenses, con....
The court upheld the dismissal from service based on the lack of prejudice from procedural irregularities and the petitioner's failure to contest the charges during the Summary Security Force Court p....
Disciplinary actions within the Border Security Force must uphold strict standards of conduct, and procedural grievances not raised timely do not warrant overturning a dismissal.
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