* IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 15^th DECEMBER, 2025

IN THE MATTER OF:

+ W.P.(C) 7227/2010

OM PRAKASH .....Petitioner

Through: Mr. Vivek Narayan Sharma, Mrs

Mahima Bharadwaj Kalucha, Mr. Akash Singh, Mr. Adhiraj Wadhera, Mr. Nikhil Mishra, Ms. Monalisa Singh, Mr. Nitish Kumar Mishra,

Advs. versus

UOI AND ORS .....Respondents

Through: Mr. Bhagwan Swaroop Shukla with

Mr. Sarvan Kumar, Mr. Pradyumn

Singh, Advs.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

HON'BLE MR. JUSTICE VIMAL KUMAR YADAV

JUDGMENT

SUBRAMONIUM PRASAD, J.

1. The present writ petition under Article 226 and 227 of the Indian

Constitution have been filed with the following prayers: “a. pass an appropriate writ in the nature of mandamus/certiorari or any other appropriate writ/order/direction in favour of the petitioner and against the respondents thereby quashing/setting aside the impugned orders dated 17.11.2009: of dismissal of service passed by the respondent No.3 and also set- aside the order of rejection of appeal U/S 117(2) of the

Border Security Force Act dated 05.05.2010 passed by the respondent No.2 i.e. the Appellate Authority;

b. pass any other order(s)/direction(s) directing the petitioner to be re-instated in service with the Border Security Force alongwith payment and service/monetary benefits pay and allowances with effect from 23.04.2009 till date;

c. direct the respondents to allocate the petitioner equivalent clerical scale instead of posting at frontiers posting owing to his being patient of hepatitis B+ ve and bleeding piles.

d. pass any other/further order(s)/direction (s), which this Hon'ble Court may deem fit in the facts and circumstances of the case in favor of the petition and against the respondents.”

2. Shorn of unnecessary details, facts as noted from the petition are that the Petitioner was enrolled in the Border Security Force [BSF] as a Constable and was posted the 25^th Battalion [Bn] at Chawlla (Najafgarh) on 03.03.1989 and completed basic training at Chura Chandpur from

03.02.1989 to 15.10.1989.

3. It is stated that from 16.10.1989 to 19.06.1994 the Petitioner was deployed at multiple locations along with the Bn. and served across various sensitive areas in the country. During the said period he was awarded a cash reward of 5,000/- for apprehending a terrorist barehanded in a terrorism affected zone in the country.

4. From 22.06.1999 to 16.01.2001, the Petitioner was posted with the 155^th Bn at Patgaon, Guwahati, Assam and Mopat (Shillong), Meghalaya. In the year 2001, while he was posted at Mopat, the Petitioner contracted Hepatitis B and developed piles. Thereafter, the Petitioner had to undergo treatment at the BSF Hospital and was later referred to Civil Hospital, Shillong for further treatment.

5. The Petitioner has averred that due to inadequate medical infrastructure at both these facilities he wrote to the Commandant of the 155^th Bn, requesting that he be transferred to Delhi in order to undergo specialized treatment for his ailments. The request of the Petitioner was not acceded to and he was transferred to 182^nd Bn at Entura, Meghalaya. The Petitioner has averred that despite his request for posting at a place that would facilitate access to proper medical treatment, he was transferred frequently.

6. From 12.08.2003 to 17.05.2007, the Petitioner was posted at BSF Hq. at Jalandhar, Punjab. He has averred that during the said posting he underwent treatment at his own expense at Guru Nanak Dev Hospital, Amritsar, Punjab. Thereafter, the Petitioner was posted at Jalalabad, Punjab with the 162^nd Bn.

7. The Petitioner states that his repeated requests for financial assistance were rejected by Respondent No. 3 and his request for a personal meeting with Respondent No. 2 were also rejected by him.

8. On 01.07.2007, the Petitioner was posted with the 15^th Bn, at Ramgarh, Rajasthan where he continued to work till dismissal. During this posting a medical board was constituted under the CMO, 15^th Bn and the Petitioner was placed in