David Masih vs Director General
2022 Latest Caselaw 8331 Cal

   137.
14.12.2022

S.D.

W.P.A. 24260 of 2022

David Masih Vs.

Director General, BSF & Ors.

Mr. Manjit Singh Mr. Gaganjyoti Singh Mr. Biswajit Mal Mr. Abhishek Bagal ..For the Petitioner

Ms. Chandreyi Alam Ms. Runu Mukherjee ...For the U.O.I.

Ms. Alam, learned counsel appearing on behalf of the

Union of India hands over her Written Instructions in Court

today.

Let such Written Instructions be kept on record.

Mr. Singh, learned counsel in rebuttal submits that the

appropriate course of action should have been adopted by

taking recourse to Section 117(2) of the Border Security Force

(BSF) Act, 1968. There was no requirement for the revisional

authority to act as the appellate authority in this matter. The

appellate authority chose not to follow the provisions of

Section 117 of the BSF Act.

He also relies on an unreported judgment of the Delhi

High Court passed in C.M. No. 16686 of 2011 in W.P. (C) No.

7357 of 2011 (Mahesh Prasad Singh vs. Union of India & Anr.)

Hearing concluded. Reserved For Order.

All parties shall act on the server copy of this order

duly downloaded from the official website of this Court.

(Lapita Banerji, J.)