Ex Const (Crew) Sharad Dixit vs Union Of India & Ors.
2022 Latest Caselaw 383 Del

                              $~59
                              *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +    W.P.(C) 2281/2022
                                   EX CONST (CREW) SHARAD DIXIT       ..... Petitioner
                                                        Through      Mr.Ajit Kumar Kakkar, Advocate.

                                                        versus

                                     UNION OF INDIA & ORS.                              ..... Respondents
                                                   Through           Mr.Rajnish Kumar Gaind, Advocate
                                                                     for UOI.
                                                                     Mr.Hemendra Singh, Law Officer,
                                                                     BSF.


                              %                        Date of Decision: 07th February, 2022
                              CORAM:
                              HON'BLE MR. JUSTICE MANMOHAN
                              HON'BLE MR. JUSTICE NAVIN CHAWLA

                                                         JUDGMENT

MANMOHAN, J: (Oral)

C.M.No.6564/2022 Exemption allowed, subject to all just exceptions. Accordingly, the application stands disposed of. W.P.(C) No.2281/2022

1. The petition has been heard by way of video conferencing.

2. Present writ petition has been filed challenging the dismissal order dated 07th December 2021 passed by the Respondents. Petitioner also seeks a direction to the Respondents to conduct a re-verification of the Petitioner's Swimming Certificates which had been done for two similarly situated personnel.

Signature Not Verified Digitally Signed By:JASWANT

Signing Date:10.02.2022 11:36:29

3. Learned counsel for the Petitioner states that vide the impugned dismissal order dated 07th December 2021, the Petitioner has been unlawfully dismissed from the Border Security Force under Rule 17 of the BSF Rules, 1979 after serving for 6 years and 5 months on the ground of presenting a fake/ forged Swimming Certificate.

4. Mr.Hemendra Singh, Law Officer, BSF raises a preliminary objection with regard to the maintainability of the present writ petition on the ground that the Petitioner has an alternative effective remedy by filing a petition under Rule 28A of the BSF Act, 1969.

5. Mr.Ajit Kumar Kakkar, learned counsel for the Petitioner candidly admits that the Petitioner has not filed a petition under Rule 28A of the BSF Act till date.

6. Accordingly, the present writ petition is disposed of with liberty to the Petitioner to file a petition under Rule 28A of the BSF Act, 1969 within a week. In the event such a petition is filed within the stipulated period, the same shall not be dismissed on the ground of limitation and shall be decided on merit by way of a reasoned order within twelve weeks. It is clarified that this Court has not commented on the merits of the controversy. The rights and contentions of all the parties are left open.

MANMOHAN, J

NAVIN CHAWLA, J FEBRUARY 07, 2022 KA

Signature Not Verified Digitally Signed By:JASWANT

Signing Date:10.02.2022 11:36:29