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* IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on : 13th November, 2025

Pronounced on : 17^th December, 2025

+ W.P.(C) 11963/2009

ABDUL RASHID SHEIKH .....Petitioner

Through: Mr. Ankur Chibber & Mr. Anshuman

Mehrotra, Advs.

versus

UNION OF INDIA AND ORS .....Respondents

Through: Ms. Barkha Babbar and Mr. Sushmit

Mishra, Advs. with Paramveer Singh

Law Officer BSF.

+ W.P.(C) 11983/2009

DWARKA DASS .....Petitioner

Through: Mr. Ankur Chibber, & Mr. Anshuman

Mehrotra, Advs.

versus

UNION OF INDIA AND ORS .....Respondents

Through: Ms. Barkha Babbar and Mr. Sushmit

Mishra, Advs. with Paramveer Singh

Law Officer BSF.

CORAM:

HON'BLE MR. JUSTICE DINESH MEHTA

HON'BLE MR. JUSTICE VIMAL KUMAR YADAV

JUDGMENT

Per DINESH MEHTA, J.

1. The petitioners, who were Constables in the Border Security Force (hereinafter referred to as BSF), have approached this Court raising grievance qua the order dated 01.04.2009 passed by the Director General, BSF, affirming the order on sentence „To be dismissed from Service‟ passed by Summary Security Force Court (hereinafter referred to as SSFC)

pursuant to the proceedings conducted between 05.07.2008 to 08.07.2008, countersigned by DIG, SHQ, BSF Behrampore for petitioner Abdul Rashid Sheikh on 25.11.2008, so also for petitioner Dwarka Dass on 26.11.2008, whereby they have been held guilty of misconduct of facilitating the smugglers in smuggling out cattle from the border.

2. Narrated in a nutshell, the facts relevant for the present purposes are that when the petitioners were posted in the 123 Battalion, BSF and deployed at BOP Kanchantar, BOP Peasbari and BOP Subhash, Anurag Saxena, Inspector General, informed that during the intervening night of 19/20.02.2008, a large number of cattle had been smuggled out of India from BOP Peasbari, where three constables, namely, Dwarka Dass, Ranjith Singh KR and Abdul Rashid Sheikh were deployed at Naka nos. 2,3 & 4 respectively, between 12:00 a.m. to 06:00 a.m. on 19/20.02.2008, close to Gate no. 11 of the post.

3. Upon receiving the information, Subedar Umed Singh confronted these personnel who were deployed at the concerned posts at about 11:30 a.m., and out of three constables, one Ranjit Singh, who at the relevant time was posted at Naka No. 3, committed suicide using his service rifle.

4. On 21.02.2008, a Court of inquiry was instituted. On 24.02.2008, the petitioners were heard by the Commandant in terms of Section 40 of the BSF Act, and upon a prima-facie finding of a case worth trial, orders for recording evidence were issued.

5. In furtherance of the decisions so taken, on 02.07.2008, the petitioners were charge-sheeted and trial was commenced by the SSFC. During the trial 18 witnesses appeared on behalf of the Prosecution namely, PW-1/Ex- Subedar Umed Singh, PW-2/Subedar Nirmal Singh, PW-3/HC(G) J.

Hazarika, PW-4/ SI Prem Singh, PW-5/ SH Haresh Seikh, PW-6/ HC Ram Sewak Sharma, PW-7/ Ct Mahadevi Swami, PW-8/HC Ajesh Kumar, PW- 9/HC Suresh Kumar Gill, PW-10/ Ct B K Shaw, PW-11/HC N K Garai, PW-12/CT Ganesh Thakur, PW-13/ Ct R Murgain, PW-14/S N Dubey, PW- 15/ADI/Min. Rajeev Ranjan, PW-16/R S Kanwar, PW-17/Insp. Anurag Saxena, and PW-18/ ASI/Min. Shakuntala.

6. The petitioners denied all the allegations and charges and produced Ct Shamsher Singh as defence witness. The SSFC concluded the trial on 08.07.2008 and held the petitioner/ Dwarka Dass guilty of the charge I and II, whereas petitioner/ Abdul Rashid Sheikh was held guilty of charge II.

The charges framed against the petitioners are reproduced hereinfra:

“CHARGE-I (Accused No. 2) BSF ACT, 1968 SECTION 46 COMMITING A CIVIL OFFENCE THAT IS TO SAY CRIMINAL MISCONDUCT FOR HAVING BEEN AS PUBLIC SERVANT IN POSSESSION OF PECUNIARY RESOURCES DISPROPORTIONATE TO HIS KNOWN SOURCE OF INCOME FOR WHICH HE CANNOT SATISFACTORILY ACCOUNT FOR AN OFFENCE SPECIFIED IN SECTION 13(1)(e) OF THE PREVENTION OF CORRUPTION ACT, 1988 PUNISHABLE UNDER SECTION 13(2) OF THE SAID ACT In that he.

while deployed at BOP Peasbari when verified his CBS account on 09 Apr