UNION OF INDIA Vs. SATYA PAL SINGH

JUDGEMENT

(1.) Respondent -writ petitioner challenged his termination from service by filing SWP No. 1975/1993, which was allowed by the learned writ Court vide judgment dated 31.05.2001. In terms of the impugned judgment, the order of termination has been quashed and respondents were given liberty to hold fresh enquiry. Learned counsel for the appellant while referring to show cause notice issued in terms of Rule 22 of the Border Security Force Rules, 1969 (for short 'Rules of 1969') submitted that there is compliance with the said rule in issuing show cause notice.

(2.) Rule 22 of the Rules of 1969 is taken note of:

(3.) Rule 22(2) provides that when after considering the reports on the misconduct of the person concerned, the competent authority is satisfied that the trial of such a person is inexpedient or impracticable and further that his retention in the service is undesirable, the delinquent official is to be informed about the same and is also to be informed about all the reports adverse to him. He is to be asked to submit in writing, his explanation and defence.