No. 100098774 Ex. Sub Inspector Vishal Kumar Pandey Vs Union of India and Ors. — Delhi HC (2026) — LawSathi Research

No. 100098774 Ex. Sub Inspector Vishal Kumar Pandey Vs Union of India and Ors. — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Withdrawal of the dismissal order dated 25th June, 2020 forthwith; consideration of the petitioner's reply to the SCN (already on record) and a fresh order within eight weeks, dealing also with the intervening period; petitioner free to pursue available legal remedies if the fresh order is adverse.

Issue for consideration

Whether the petitioner's reply to the Show Cause Notice issued prior to the dismissal order was taken into account — i.e., the alleged denial of opportunity of hearing to the petitioner.

Court's answer

The Court deemed it appropriate to dispose of the present petition by accepting the aforesaid statement made by the counsel for the respondents.

Ratio / Principle

As part of the statement accepted by the Court, the impugned dismissal order dated 25th June, 2020 shall be withdrawn forthwith (stated by respondents' counsel on instructions from Officer Mr. Kamal Singh Rathore, Commandant, 118 Battalion).

Key takeaways

The petitioner's reply, which is already part of the record, shall be considered and a fresh order shall be passed in the matter within a period of eight weeks.ratio¶¶16
The period spent by the petitioner from the last dismissal order dated 25th June, 2020 till the fresh order is passed shall also be dealt with in the order to be passed.ratio¶¶17
It shall be open for the petitioner to take recourse to such remedy as is permissible and available in law, in case the fresh order to be passed by the respondents is adverse to his interest.

Detailed headnote1 paragraphs

Delhi High Court, W.P.(C) 16795/2022 (Coram: Nitin Wasudeo Sambre and Amit Sharma, JJ.), order dated 24.07.2026. Ex. Sub Inspector Vishal Kumar Pandey, enrolled in the BSF on 15.12.2010, had suffered dismissal by order dated 25.06.2020, statutory proceedings having been taken before the competent authorities; his complaint, reflected in earlier orders, was that his reply to the Show Cause Notice issued prior to the dismissal was not taken into account. Appearing through Mr. Akash Vajpai, CGSC, with Mr. Priyanshu, Adv., and on instructions from Commandant Kamal Singh Rathore (118 Battalion), the respondents stated that the dismissal order would be withdrawn forthwith, that the petitioner's reply already on record would be considered and a fresh order passed within eight weeks, and that the period from the dismissal order until the fresh order would be dealt with therein. Accepting these statements, the Court disposed of the petition, left the petitioner free to pursue lawful remedies if the fresh order proved adverse, and expressly clarified that it had not examined the merits, confining itself to the denial of opportunity of hearing.

$~69

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(C) 16795/2022

NO. 100098774 EX. SUB INSPECTOR VISHAL KUMAR PANDEY .....Petitioner

Through: Petitioner in person.

versus

UNION OF INDIA AND ORS .....Respondents Through: Mr. Akash Vajpai, CGSC, with Mr. Priyanshu, Adv. along with Commandent Mr. Kamal Singh Rathore, Commandant, 118 Battalion.

CORAM: HON'BLE MR. JUSTICE NITIN WASUDEO SAMBRE HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R % 24.07.2026

Post enrolment on 15^th December, 2010 in the Respondent-BSF, the petitioner suffered impugned order of dismissal dated 25^th June, 2020 against which the statutory proceedings were taken out before the competent authorities.

Since the petitioner has taken a stand as reflected in our earlier orders that though he has submitted a reply to the Show Cause Notice (‘SCN’), issued prior to the dismissal order, the same was not taken into account.

The counsel appearing for the respondents, on instructions from the Officer Mr. Kamal Singh Rathore, Commandant, 118 Battalion, states that the impugned order of dismissal dated 25^th June, 2020 shall be withdrawn

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 28/07/2026 at 11:45:25

forthwith.

It is claimed that the petitioner’s reply which is already part of the present record shall be considered and fresh order shall be passed in the matter within a period of eight weeks from today.

In response to the court’s query, it is further informed that the period spent by the petitioner from the last dismissal order dated 25^th June, 2020 till the fresh order is passed, shall also be dealt with in the order to be passed.

We accept the aforesaid statement made by the counsel appearing on behalf of the respondents which is coming on record through the instructions from the highest office of the Respondent.

In that eventuality, we deem it appropriate to dispose of the present petition by accepting the aforesaid statement made by the counsel for the respondents.

Needless to clarify, it shall be open for the petitioner to take recourse to such remedy as is permissible and available in law, in case, if the fresh order to be passed by the respondents is adverse to his interest.

We clarify that we have not gone into the merits of the matter, but for the issue of denial of opportunity of hearing to the petitioner.

In terms of the above, the present petition stands disposed of.

Order to be uploaded on the website of this Court.

NITIN WASUDEO SAMBRE, J

AMIT SHARMA, J

JULY 24, 2026/ sky/ok

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 28/07/2026 at 11:45:25