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Delhi High Court Upholds Disciplinary Action Against BSF Officer for Unauthorized Leave — “Petitioner Acted Contrary to the Standards Expected of a Disciplined Force”

Delhi High Court Upholds Disciplinary Action Against BSF Officer for Unauthorized Leave — “Petitioner Acted Contrary to the Standards Expected of a Disciplined Force”

Delhi High Court Upholds Disciplinary Action Against BSF Officer for Unauthorized Leave — “Petitioner Acted Contrary to the Standards Expected of a Disciplined Force”

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Court’s Decision:

The Delhi High Court dismissed the writ petition challenging the findings of the General Security Force Court (GSFC) and the modified punishment imposed by the Director General (DG), BSF. The Court held that the petitioner’s conduct of proceeding on leave despite denial constituted misconduct and that the sentence imposed—initially dismissal, later commuted to forfeiture of five years of service for promotion purposes and a severe reprimand—was not shockingly disproportionate. The Court ruled:

“The petitioner, being told that leave cannot be sanctioned, has acted in a manner not befitting a member of the Armed Disciplined Force. … The punishment imposed on him cannot be said to be disproportionate.”


Facts:


Issues:

  1. Whether the petitioner’s absence amounted to misconduct justifying disciplinary action.
  2. Whether the punishment imposed was shockingly disproportionate to the misconduct.
  3. Whether the denial of leave was arbitrary or in violation of service rules.

Petitioner’s Arguments:


Respondent’s Arguments:


Analysis of the Law:


Precedent Analysis:

The Court referred to the Supreme Court’s decision in Ranjit Thakur v. Union of India, (1987) 4 SCC 611, where it was held:

“The sentence has to suit the offence and the offender. It should not be vindictive or unduly harsh… if the decision of the court even as to sentence is an outrageous defiance of logic, then the sentence would not be immune from correction.”

The Court held that while judicial review can examine the proportionality of punishment, it should not intervene unless the punishment is “shockingly disproportionate.”


Court’s Reasoning:


Conclusion:


Implications:


Also Read – Delhi High Court Refuses to Reduce Sentence for Advocate Convicted of Outraging Modesty of Female Magistrate Inside a Courtroom — “Injustice to Justice Itself; Law Must Speak Loudly and Clearly”

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