PATIL SHIVAJI MADHUKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition filed under Article 226 of the Constitution of India has been preferred by the petitioner seeking (i) quashing of the Findings and Sentence Order dtd. 14/9/2022 passed by the General Security Force Court "GSFC" (ii) quashing of order dtd. 25/9/2023 passed by Directorate General, Border Security Force "BSF" whereby the petitioner's statutory petition against the order of dismissal came to be dismissed (iii) a direction to reinstate the petitioner in service (iv) call for the entire record of Court of Inquiry "COI", Record of Evidence "ROE", and proceedings in GSFC.

(2.) The brief factual matrix is that the petitioner herein was serving as a Sub-Inspector in the BSF. It is alleged that around June-July 2019, WhatsApp communication commenced between the petitioner and one Ms. X, the wife of a fellow Constable, who resided in the same building, and their acquaintance thereafter allegedly developed beyond just friendship. It is also alleged that the petitioner, on several occasions, gifted Ms. X a mobile phone, gold locket and a dress/frock, and purportedly began to visit her at her residence in the absence of her husband. Thereafter, vide letter dtd. 27/8/2020, an explanation was sought for violation of professional ethics and moral conduct regarding his alleged illicit relationship with "another lady" (referring to Ms. X) from his block despite having a family of his own. It is stated that the petitioner submitted his written reply denying the allegations in toto and terming them as baseless rumours.

(3.) Thereafter, the husband of Ms. X who was a fellow constable submitted a written compliant to Inspector General, North Bengal Frontier, BSF alleging that the petitioner maintained an illicit relationship with his wife, visited their quarter in his absence, and attempted to and/or established physical relations. Accordingly, on 12/4/2021, COI was convened against the petitioner.