RAKESH SOOD Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition is directed against the order issued by the Central Government on 30.09.2004 (Annex.26) whereby the petitioner, serving as Deputy Commandant at HQ Jaisalmer Sector, Border Security Force ('BSF'), was ordered to be compulsorily retired from service with immediate effect under Rule 21 of the BSF Rules, 1969.

(2.) THOUGH the petitioner has taken various grounds in the petition seeking to question the validity of the proceedings under Rule 21; and has urged, inter alia, that his ACRs were made without application of mind and actuated by malice of respondent No. 5 but then, learned Counsel for the petitioner gave up the allegations against the respondent No. 5 and limited his submissions on challenge to the impugned order only for non -compliance of the requirements of Clause (3) of Rule 21. On 18.07.2007, while admitting this petition, this Court thus noticed the respective stand of the parties:

(3.) IT was also stated that the petitioner was not amenable to discipline and has not shown any improvement in performance, discipline and conduct despite repeated advice/caution.