* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 10.07.2025 Date of Decision: 08.08.2025 + W.P.(C) 1024/2010 ANIL KUMAR UPADHAYA .....Petitioner Through: Mr. Ankur Chhibber, Mr. Karn Deo Baghel and Mr. Shivam Choudhary, Advocates versus UOI AND ORS .....Respondents Through: Mr. Bhagwan Swarup Shukla, CGSC with Mr. Shravan Shukla, Mr. Yash Baraliya, Advs. with Mr. Paramveer Singh, Law Officer, BSF CORAM:

HON'BLE MR. JUSTICE C.HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL

J U D G M E N T

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AJAY DIGPAUL, J.

1. The petitioner, Anil Kumar Upadhyay, was recruited into the Border Security Force, $~ on 01.01.1991 as a Constable (Radio Operator). He was subsequently promoted to the rank of Naik (Radio Operator) in 1992 and then to Head Constable (Radio Operator) in 1997. He served in various postings and, at the time of the relevant events in 2003, he was attached to the 126^th Battalion, BSF, which was stationed at Nalkata, Tripura.

acute psychosis and placed in a low medical category for a period of six weeks as per the order of the Commandant, 126^th Battalion, BSF.

3. On 27.08.2003, the Petitioner was examined by a Psychiatrist at the Government Hospital, Agartala, who prescribed medicat