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2026 Supreme(Online)(Del) 6596

IN THE HIGH COURT OF DELHI AT NEW DELHI
RAJNISH KUMAR EX CONSTABLE GD – Appellant
Versus
UNION OF INDIA THROUGH MINISTRY OF HOME AFFAIRS AND ORS – Respondent


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* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 30.04.2026 Judgment pronounced on: 02.05.2026 + W.P.(C) 11617/2023 RAJNISH KUMAR EX CONSTABLE GD .....Petitioner Through: Mr. Gaurav Kumar and Mr.

Naman Sherstra, Advs.

versus UNION OF INDIA THROUGH MINISTRY OF HOME AFFAIRS AND ORS .....Respondents Through: Ms. Ritu Reniwal, SPC.

CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN

J U D G M E N T

AMIT MAHAJAN, J.

1. By the present petition, the Petitioner essentially challenges the correctness of the order dated 04.08.2021 (hereafter ‘impugned order’) passed by Respondent No. 5 whereby the Petitioner was found guilty of the charges under Sections 20(b), 20(c), 22(a), 40 of the BSF Act, 1968 and was sentenced to be dismissed from service.

2. Succinctly put, the relevant facts necessary for the adjudication of the present petition are as follows:

2.1. The Petitioner was working as Constable (GD) in the Border Security Force. It is alleged that on 26.07.2021, the Petitioner pointed his personal weapon towards his superior officer and used insubordinate language towards them. It is further alleged that the Petitioner neglected to obey the orders and act

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