$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision 17^th April, 2026 + W.P.(C) 2163/2023 AMOL SINGH .....Petitioner Through: Mr. Abhay Kumar Bhargava, Mr. Satyaarth Sinha, Mr. Ajinkya Dhalwade, Mr. Sanchit Kumar, Advs.

versus UNION OF INDIA & ANR. .....Respondents Through: Ms. Shubhra Parashar and Mr.

Virender Pratap Singh Charak Advs.

CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN J U D G M E N T (ORAL)

AMIT MAHAJAN, J.

1. The present writ petition has been filed under Article 226 of the Constitution of India, by the Petitioner/ Sh. Amol Singh an erstwhile Constable in the Border Security Force (‘BSF’) assailing the Impugned Order dated 21.04.2022 passed by the Commandant of 112 BN BSF, whereby the Petitioner was dismissed from service pursuant to proceedings before a Summary Security Force Court (‘SSFC’), as well as countersigning order dated 25.05.2022 and order dated

23.11.2022 rejecting the statutory petition preferred by the Petitioner.

2. Succinctly stated, the petitioner was serving in 112 Battalion, BSF when he was charged under Sections 31(b), 40 and 22(e) of the BSF Act, 1968, as under: -

3. A Record of Evidence was ordered on 04.04.2022. Vide Order dated 19.04.2022, the SSFC was directed to be assembled on 21.04.2022, to initiate trial against the Petitioner. Pertinently, the above Order records, that the Friend of the Accused-Sh. Jagdish Chand Pant and Interpreter-Sh. Narayan Chand were also directed to attend the proceedings.

4. During the proceedings held on 21.04.2022, the Petitioner, admittedly, pleaded guilty to both the 1^st and the 2^nd charge. His plea of guilt was recorded and the same also bears his signatures. The same is reproduced as under: -

“ PAGE - B The charge sheet is read (translated) and explained to the accused, marked annexure 'B- 2', signed by the Court and attached to the proceedings. Arraignment Q-1. Question to the Accused.

How say you No. 102552090 CT/GD Amol Singh, are you guilty or not guilty of the 1st Charge?

A-1. Answer by the accused.

Guilty.

The Accused having pleaded guilty to the 1st charge, the Court explains to the accused the meaning of that charge to which he has pleaded guilty and ascertains that the accused understands the nature of the charge(s) to which he has pleaded guilty. The Court also informs the accused in the language he understands, the general effect of that plea and the difference in procedure which will be followed consequent to the said plea. The court having satisfied itself that the accused understands the charge(s) and the effect of his plea of guilty and satisfied from the record/abstract of evidence or otherwise that there is no need for the accused to withdraw his plea of guilty, accepts his plea and records the same. The provisions of Rule 142(2) are complied with.

Q-2. Question to the Accused.

How say you NO.1 02552090 CT/GD Amol Singh, are you guilty or not guilty of the 2nd Charge?

A-2. Answer by the accused.

Guilty.

The Accused having pleaded guilty to the 2nd charge, the Court explains to the accused the meaning of that charge to which he has pleaded guilty and ascertains that the accused understands the nature of the charge(s) to which he has pleaded guilty. the Court also informs the accused in the language he understands, the general effect of that plea and the difference in procedure which will be followed consequent to the said plea. The court having satisfied itself that the accused understands the charge(s) and the effect of his plea of guilty and satisfied from the record/abstract of evidence or otherwise that there is no need for the accused to withdraw his plea of guilty, accepts his plea and records the same. The provisions of Rule 142(2) are complied with.

Sd- (accused with date) Sd- (friend of accused with date) Sd- (The Court) “

(emphasis supplied)

5. Hence, the SSFC conducted proceedings on the plea of guilt by the Petitioner, recorded that the Record of Evidence has been read, translated and explained to him and