Dharmendra Pal v. Union of India & Ors.

Delhi High Court · 24 Jul 2025 · 2025:DHC:6064-DB
C. Hari Shankar; Om Prakash Shukla
W.P.(C) 10635/2025
2025:DHC:6064-DB
administrative petition_allowed

AI Summary

The Delhi High Court directed the BSF to treat a writ petition challenging retirement on medical grounds as a representation and decide it within six weeks, staying the order's operation for one week thereafter.

Full Text
Translation output
W.P.(C) 10635/2025
HIGH COURT OF DELHI
W.P.(C) 10635/2025 & CM APPL. 44041/2025
DHARMENDRA PAL .....Petitioner
Through: Mr. Abhay Kumar Bhargava, Mr. Satyaarth Sinha and Ms. Khushi, Advs.
VERSUS
UNION OF INDIA & ORS. .....Respondents
Through: Mr. Rishabh Sahu, SPC
WITH
Mr. Sameer Sharma, Adv.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
HON'BLE MR. JUSTICE OM PRAKASH SHUKLA
ORDER (ORAL)
24.07.2025 C. HARI SHANKAR, J.
JUDGMENT

1. This petition assails a communication dated 12 July 2025, issued under Rule 25 of the Border Security Force Rules, 1969, proposing to retire the petitioner from the services of the BSF on the ground of physical unfitness without pensionary benefits, on the basis of the recommendations of a medical board. The order itself grants the petitioner a liberty to make a representation to the DIG within a period of 15 days.

2. Mr. Bhargava, learned Counsel for the petitioner candidly acknowledges that his client has not made any such representation and W.P.(C) 10635/2025 instead moved this Court against the aforesaid notice.

3. Nonetheless, in the interests of justice, we deem it appropriate to dispose of this petition with a direction to the respondent to treat the petition as a representation and to take a decision thereon within a period of six weeks from today. The decision, as and when taken, would be communicated forthwith to the petitioner.

4. In the event that the decision is adverse to the petitioner, its operation would remain under suspension for a period of one week in order to enable the petitioner to avail legal remedies thereagainst, if so advised.

5. The petition is disposed of in the aforesaid terms.

C. HARI SHANKAR, J

OM PRAKASH SHUKLA, J JULY 24, 2025