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DELHI HIGH COURT
SURESH KUMAR KAIT, SAURABH BANERJEE
Gaurav Kumar Sharma – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner's request for writs against dismissal. (Para 1 , 1) |
| 2. petitioner faced criminal convictions leading to dismissal. (Para 2) |
| 3. pending appeal challenges original convictions. (Para 3) |
| 4. permission granted to withdraw petition with liberty. (Para 4 , 5) |
| 5. petition disposed of with pending applications. (Para 6) |
1. By way of the present petition, the petitioner is seeking following reliefs:
a) issue writ, order or direction under article 226 of the constitution of India in nature of certiorari, writ of mandamus or any other appropriate writ against the order of dismissal dated 09.03.2015, issued under rule 23 - a of the border security force rule, vide F. NO. ESTT/GKS/DISMISSAL/30BN/2015 (ORDER DISMISSAL NO. 082542201) by the office of the Commandant, 30 Bn BSF, Haripar Road, Bhuj, Gujarat; and
b) Issue writ, order(s) or direction(s) in the nature of mandamus or any other appropriate writ, order or direction to the respondent/department to re-instate the petitioner in service with all the consequential benefits;
2. It is the case of the petitioner that vide judgment and order dated 26.07.2014 passed in Session Trial No. 1030/2012 arising
Petitioner may withdraw writ petition regarding dismissal, with leave to refile upon acquittal, as writ jurisdiction permits remedies for unlawful actions.
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.
The court established that the condonation of misconduct occurs when an authority fails to take action against an employee for a significant period, and that denial of full pay without due process vi....
The main legal point established in the judgment is the importance of discipline in the Border Security Force, the adherence to the BSF Act and Rules in dismissal proceedings, and the limited scope f....
The main legal point established in the judgment is that the respondents followed the mandate of the BSF Act, 1968 and the Rules of 1969 in conducting the proceedings against the petitioner, leading ....
The principle of proportionality in imposing punishment and the relevance of precedent in influencing the reconsideration of punishment.
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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