R.S.KADIAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner who is a Commandant with the Border Security Force (BSF') has, in the first writ petition W.P. (C) 19014 of 2006, challenged an order dated 2nd February, 2006 passed by the Deputy Inspector General (DIG') in the Summary Court of Inquiry (SCOI') proceedings ordering that the Inspector General's (IGs) displeasure be conveyed to the Petitioner.

(2.) W.P. (C) 19014 of 2016 also seeks a quashing of a show cause notice dated 9th September, 2006 issued by the DIG calling upon the Petitioner to explain why they should not be asked to resign in terms of Rule 20 of the Border Security Force Rules, 1969 (BSF Rules') read with Section 10 of the Border Security Force Act (BSF Act'). Subsequently, during the pendency of the present writ petition, an order dated 17 th June, 2009 was passed by the Director General (DG), BSF on the SCN, retiring the Petitioner from service with pensionary benefits. The writ petition was amended to challenge the said order. IN terms of the interim orders of this Court, the said order dated 17th June 2009 was not given effect to, awaiting the orders of this Court.

(3.) In the second writ petition, W.P. (C) 19014 of 2010, the Petitioner challenges an order dated 23rd March 2010 passed by the DG and communicated by the Commandant (Personnel) 10 CGO complex New Delhi, de-attaching the Petitioner from CPF's canteen and posting him to SHQ, Kupwara. A challenge is also made to the order dated 12th April 2010 passed by the DIG (Admn) initiating a court of inquiry (COI) against the Petitioner to enquire into the circumstances under which the Petitioner failed to attend to his duties in the Central Police Canteen (CPC) from 3rd July 2009 to 26th February 2010. By an interim order dated 4th May 2010 this Court stayed the COI.