A BSF probationer challenged a show cause notice proposing termination for permanent medical unfitness. As the petitioner's reply was pending with the department, the court closed the writ petition and directed respondents to pass a final order within six weeks.
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LALIT MOHAN SINGH RANA ..... Petitioner Through: Mr. Abhay Kumar Bhargava, Mr. Satyarth Sinha and Mr. Chandana Debnath, Advocates. versus UNION OF INDIA & ORS. ..... Respondents Through: Mr. Siddharth Khatana, SPC and Mr. Neeraj, SPC for UOI with Mr. Vedansh Anand, G.P. with Mr. Rudra Paliwal, Mr. Mahesh Kumar Rathore and Mr. Sanjay Pal, Advocates.
CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 13.02.2024
“6. In view of the foregoing, Competent Authority considers that you are unfit for further retention in service as you are not likely to become an efficient member of the Border Security Force owing to your permanent medical unfitness and tentatively proposes to te.rminate your services w .e. f. 28 Feb 2024 under the provisions contained in Rule 10(2) of
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/12/2024 at 15:12:14
BSF Rules, 1969, read with para-3(e) of the offer of appointment (reproduced below) issued to you vide FHQ BSF L/No. A.2/Sl(DE)/CAPFs Exam2020/Pers (Rectt)/BSF/2022/ 7788-8032 dated 22/10/2022.
3( e) - "Initially you will be on probation for a period of two years, which may be extended by the appointing authority for such further period or periods not exceeding one year for reasons to be recorded in writing. During the period of probation, if the appointing authority considers that you are not likely to become an efficient member of the Force due to any reason, your services can be terminated without assigning any reason or without any advance notice".
7. If you have anything to urge against the proposed action, you may do so within 15 days of receipt of this notice failing which it shall be presumed that you have nothing to urge in the matter and action to terminate your services as per BSF Rule 10(2) shall be initiated against you ex-parte.”
V. KAMESWAR RAO, J
SAURABH BANERJEE, J
FEBRUARY 13, 2024 /akc
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/12/2024 at 15:12:14
1 issue framed by the court
Whether the writ petition challenging a show cause notice proposing termination under Rule 10(2) BSF Rules should be decided or left to the department's consideration.
1 provisions across 1 enactments
Lalit Mohan Singh Rana
Union of India & Ors.
V. Kameswar Rao
Saurabh Banerjee
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
