ARVIND GHILDIYAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition questions the validity of the impugned order dated 11th July, 2016 passed by the Deputy Inspector General (Confd.) on behalf of the DG, Border Security Force ("BSF") conveying the DG's displeasure to the Petitioner, who is a Commandant with the BSF, and the subsequent order dated 15th November, 2016 rejecting his representation against it.

(2.) For the purposes of the present petition, it requires to be noticed that there was an incident involving the Petitioner while he was posted at the Sector Headquarters, Dubri in Assam as Commandant in April 2015 pursuant to which an FIR was registered by the Petitioner's wife on 13th April, 2015 at Gauripur Police Station. A Staff Court of Inquiry ("SCOI") was initiated on the order of the IG against whom the wife of the Petitioner had registered the above FIR.

(3.) On 10th November, 2015, a Show Cause Notice ("SCN") was issued to the Petitioner requiring him to show cause as to why the DG's displeasure should not be conveyed to him. The Petitioner then wrote to the Respondents on 18th January, 2016 seeking a copy of the report of the SCOI, which was supplied to him. However, according to the Petitioner, what was not supplied to him were the findings and opinion of the SCOI and the recommendation of the competent authority on such findings. The Petitioner nonetheless replied to the SCN on 29th January, 2016.