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2023 Supreme(J&K) 151

RAJNESH OSWAL
Kuldeep Kour – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms. S. Kour, Sr. Advocate with Mr. Michal Dogra, Advocate
For the Respondent:Mr. Suneel Malhotra, Advocate

JUDGMENT :

1. The petitioner (now deceased) had filed the present petition for quashing the order No. 35 Bn/Estt/GSFC-MSB/2002/42-45 dated 02.01.2002, by virtue of which 15 years of the service for the purpose of promotion and 10 years of the service for the purpose of pension of the petitioner was forfeited and the petitioner was also severely reprimanded. The petitioner has also sought the quashing of the proceedings of the General Security Force Court and the charges framed against the petitioner. The prayer has also been made for quashing the order No. 6/72/2002/Petition/CLO(D&L)/BSF/2661-64 dated 11.03.2002 passed by the Chief Law Officer (D&L) on behalf of the Director-General of BSF, by virtue of which “mercy appeal” of the petitioner was rejected being devoid of merit. After the demise of the original petitioner, the present petition is being prosecuted by the wife of the deceased-petitioner (for reference “the petitioner” shall mean “the deceased-petitioner”).

2. The petitioner after mentioning his past service credentials has stated that false and frivolous allegations were levelled against the petitioner and the charge under Section 30 (b) of the BSF Act was framed against

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