Delhi High Court
Gaurav Kumar Sharma vs Union Of India & Ors. on 26 September, 2022
$~40
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: September 26, 2022
+ W.P.(C) 13879/2022 & CM APPL. 42404/2022
GAURAV KUMAR SHARMA ..... Petitioner
Through: Mr. Ashish Pandey, Advocate.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Neeraj, SPC with Mr. Sahaj
Garg, Mr. Rudra Paliwal and Mr.
Vedanshu Anand, Advocates with
Dy. Comdt. (Law) Hemendra Singh
for BSF.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MR. JUSTICE SAURABH BANERJEE
J U D G M E N T (oral)
1. By way of the present petition, the petitioner is seeking following
reliefs:-
a) issue writ, order or direction under article 226 of the
constitution of India in nature of certiorari, writ of
mandamus or any other appropriate writ against the order
of dismissal dated 09.03.2015, issued under rule 23 - a of
the border security force rule, vide F. NO. ESTT / GKS /
DISMISSAL / 30BN / 2015 (ORDER DISMISSAL NO.
082542201) by the office of the Commandant, 30 Bn BSF,
Haripar Road, Bhuj, Gujarat; and
b) Issue writ, order(s) or direction(s) in the nature of
mandamus or any other appropriate writ, order or direction
to the respondent/ department to re-instate the petitioner in
service with all the consequential benefits;
Signature Not Verified
Digitally Signed
By:BABLOO SHAH
Signing Date:27.09.2022
17:52:50
2. It is the case of the petitioner that vide judgment and order dated
26.07.2014 passed in Session Trial No. 1030/ 2012 arising out of FIR/ Case
Crime No. 223 of 2012, the Ld. Additional District & Sessions Judge, Court
No. 11, Meerut, Uttar Pradesh sentenced the petitioner for imprisonment of
life and fine of Rs. 30,000/- under section 304-B IPC, 03 years rigorous
imprisonment and fine of Rs. 5,000/- for the offence under section 498A
IPC and 01 year rigorous imprisonment and fine of Rs. 5,000/- for the
offence under section 04 of Dowry Prohibition Act. Thereafter, the
petitioner vide order No. Estt/GKS/ Dismissal/ 30Bn/ 2015/6120 dated
09.03.2015 passed by the office of the commandant, 30 Bn BSF, Haripar
Road, Bhuj (Gujarat), was dismissed from service.
3. Learned counsel for the petitioner submits that the petitioner has
challenged the order of conviction by way of a Criminal Appeal
No.2981/2014, which is awaiting adjudication before the High Court of
Judicature at Allahabad.
4. In view thereof, after some arguments learned counsel appearing on
behalf of the petitioner seeks to withdraw the present petition with liberty to
take a chance again if he is finally acquitted by the Appellate Court.
5. Permission granted with liberty as prayed for.
6. Petition alongwith pending application is accordingly disposed of.
(SURESH KUMAR KAIT)
JUDGE
(SAURABH BANERJEE)
JUDGE
SEPTEMBER 26, 2022/So
Signature Not Verified
Digitally Signed
By:BABLOO SHAH
Signing Date:27.09.2022
17:52:50
