W.P.(C)--5210/2019. Case: RITESH SONI Vs. UNION OF INDIA AND ORS.. High Court of Delhi (India)

Case NumberW.P.(C)--5210/2019
Judgement DateDecember 10, 2019
CourtHigh Court of Delhi (India)

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5210/2019 and CM APPL. 23055/2019 (stay)

RITESH SONI ..... Petitioner

Through: Ms.Saahila Lamba, Advocate.


UNION OF INDIA AND ORS. ..... Responde

Through: Mr.Gaurav Rohilla, Sr. Govt. Counsel along with Mr.Shivanshu Tiwari, DC.



O R D E R % 10.12.2019

Dr. S. Muralidhar, J. :

  1. The challenge by the Petitioner in the present case is to an order dated 6 August, 2018 passed by the Deputy Inspector General („DIG‟), SHQ Border Security Force („BSF‟), Siliguri directing the Commandant 155 BSF to conduct a de novo trial on the charge sheet issued to the The Petitioner also challenges an order dated 18th April, 2019 issued Respondents in rejecting the Petitioner‟s representation against commencement of the trial against him de novo.

  2. The background facts are that the Petitioner, an Assistant Sub (Ministerial) [„ASI(M)‟] had enrolled in the BSF on 29th December, 2009 as Head Constable (Ministerial). After completion of his basic training,

    W.P.(C) 5210/2019 Page

    posted to 120 BN BSF on 20th June, 2010. He was thereafter posted SHQ, BSF Raiganj on 25th November, 2011. While he was posted there, was promoted as ASI(M) on 1st April, 2015.

  3. The Petitioner gave a complaint to the DG BSF, New Delhi on 26th

    2015, alleging harassment at the hands of an Assistant (Ministerial) posted at SHQ, BSF Raiganj. Even while the complaint been pending, the Petitioner was posted to the 155th BN BSF on 3rd 2015.

  4. On the complaint given by the Petitioner a one-man Staff Court of Inquiry („SCOI‟) was ordered by the DIG, BSF Raiganj by an order dated August, 2015. In terms of the remarks of the Inspector General („IG‟) North Bengal on the SCOI proceedings, a disciplinary action was directed to be initiated against the Petitoner under the BSF Act and Rules, 1969. 23rd June, 2017 a charge sheet under Section 34 (a) of BSF Act, 1968 issued to the Petitioner. The charge against him was that of making a accusation against a person subject to the BSF Act knowing acccusation to be false. The Commandant ordered that a Record of („RoE‟) be conducted.

  5. On completion of the RoE, the Petitioner was summarily tried Commandant on 9th October, 2017 for committing an offence under 34 (a) of BSF Act, 1968. The Petitioner was awarded a punishment „reprimand‟.

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  6. In exercise of the powers vested in him under Section 55 (2) of the Act, 1968, the DIG SHQ BSF...

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