DELHI HIGH COURT
MANMOHAN, NAVIN CHAWLA
Guddu Kumar – Appellant
Versus
Union of India – Respondent
JUDGMENT
Navin Chawla, J. (Oral)--This petition has been filed by the petitioner challenging the order dated 29.12.2020 passed by the Commandant 148 BN, Border Security Force (hereinafter referred to as `BSF'), directing the dismissal of the petitioner from service; the order dated 13.04.2021 passed by the respondent no. 3, dismissing the representation of the petitioner against the above order of removal from service; and the order dated 09.06.2021 passed by the respondent no. 2 wherein the representation of the petitioner for setting aside the impugned order dated 29.12.2021 was again dismissed on the ground that under Section 117 of the Border Security Force Act, 1968 (hereinafter referred to as the `Act') read with Rule 167(2) of the Border Security Force Rules, 1969 (hereinafter referred to as the `Rules'), a person aggrieved by any order passed by the Summary Security Force Court (hereinafter referred to as `SSFC') can present only one petition to any of the officers mentioned in Section 117 of the Act and since the petitioner had already availed said opportunity by submitting a statutory petition to the respondent no. 3 which was duly considered, there is no provision to ent
The court upheld the dismissal of a disciplined force member for serious misconduct, affirming that the punishment was proportionate to the charges and consistent with judicial standards for discipli....
The court's decision emphasized that unless the punishment imposed by the Disciplinary Authority shocks the conscience of the Court, there is no scope for interference, and that the Tribunal/Court ca....
Point of Law - Dismissal of service - Charges proved - Limited scope under judicial review
The court upheld the dismissal of the petitioner based on the past conduct and found no procedural irregularities in the dismissal process.
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.
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....
The penalty of removal from service for intoxication while on duty is justified as it constitutes gross indiscipline, affirming the primacy of the Disciplinary Authority's discretion in such matters.
The court emphasized the importance of maintaining discipline in a force and upheld the penalty of dismissal from service based on the serious nature of the charges.
Scope of judicial review exercised in respect of matters of present kind, court cannot supplant its discretion in place of that which has been exercised by disciplinary authority unless exercise of d....
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....
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