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Patna High Court

Kapil Muni SinghversusThe Union of India

Decided
Disposal
DISMISSED

Holding

The Court held that the retirement order was lawful and there was no basis for judicial interference.

Summary

Kapil Muni Singh, a member of the Border Security Force, challenged his retirement order dated 15 May 2024, which was issued under Section 11(2) of the BSF Act 1968 and Rule 26 of the BSF Rules 1969. He alleged that the show‑cause notice was a mere formality, that his reply was not considered, and that the retirement violated principles of natural justice. The Union of India contended that the notice complied with procedural requirements, that his reply was duly considered, and that repeated disciplinary failures justified retirement. The Patna High Court examined the show‑cause notice, the original punishment order, and the appellate order, noting the petitioner’s history of multiple punishments and the authority’s conclusion that improvement was unlikely. Finding no procedural defect or ground for interference in the service matter, the Court dismissed the writ petition, upholding the retirement order.

Issues considered

  • Whether the show‑cause notice issued to the petitioner complied with the principles of natural justice.
  • Whether the retirement of the petitioner under Section 11(2) of the BSF Act 1968 and Rule 26 of the BSF Rules 1969 is legally valid in view of his prior punishments.
  • Whether the High Court can intervene in disciplinary and service matters of the Border Security Force.

Legislation cited

Subjects

  • Border Security Force
  • retirement
  • show‑cause notice
  • natural justice
  • service law
  • disciplinary action
  • writ petition
  • Civil Service Rules

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Civil Writ Jurisdiction Case No.198 of 2025
                 ======================================================
                 Kapil Muni Singh S/o Awadh Bihari Singh, Resident of village- Kewalpatti,
                 P.S. - Bihiya, District- Bhojpur (Ara).

                                                                                 ... ... Petitioner/s
                                                       Versus

           1.    The Union of India through the Director General of Police, B.S.F, Lodi
                 Enclave, New Delhi.
           2.    The Deputy Inspector General (PSO), Frontier Head Quarter, B.S.F, South
                 Bengal, Plot No- 11, Action Area-IIE, New Town, Kolkata-700161.
           3.    The Commandant, 143 Battalion B.S.F, THQ Match Factory, Kanth Bagh,
                 Distt. - Baramulla (J and K)- 193103.
           4.    The Commandant, 143 Battalion B.S.F, Bhondsi, Battalion Head Quarter,
                 Gurugram, Hariyana.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :         Mr. Sanjay Kumar, Advocate
                 For the Respondent/s   :         Mr. Additional Solicitor General
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

8   22-06-2026                   Heard learned counsel for the petitioner and learned

                   counsel for the Union of India.

                               2. The present writ petition has been filed for the

                   following reliefs:-

                                                       “For issuance of an appropriate
                                            writ/s, order/s, direction/s to the respondent
                                            for   quashing       order     dated     15.05.2024
                                            contained in Letter No-7502-22 issued by
                                            respondent Commandant whereby and under
                                            the petitioner services has been struck off
                                            from the strength of the unit with effect from
                                            15.05.2024 on the ground that he is
Patna High Court CWJC No.198 of 2025(8) dt.22-06-2026
                                            2/4




                                  undesirable in the force and in exercise of
                                  the power provided under section 11(2) of
                                  the B.S.F Act 1968 read with rule 177 of
                                  B.S.F rules 1969 and under the provisions of
                                  Rule 26 of B.S.F Rules 1969, the petitioner
                                  has been retired from service with effect
                                  from 15.05.2024 with admissible financial
                                  benefits as admissible under Rule 18 of the
                                  Central Civil Services Rules 2021.”
                      3. Learned counsel for the petitioner submits that,

          from Annexure-P/1, it transpires that a show-cause notice has

          been issued with a prejudiced approach, as according to him, the

          show-cause notice indicates that the decision had already been

          taken and that the said notice has been issued merely as a

          formality. Counsel further submits that the punishment order is

          based upon an unsustainable show-cause notice. His reply to the

          show-cause notice has not been considered at all, and the

          decision to remove the petitioner from service is absolutely

          illegal and fit to be set aside.

                      4. Learned counsel for the Union of India, on the

          other hand, submits that there is no defect in the show-cause

          notice. Counsel further submits that whatever has been stated in

          the show-cause notice is nothing but an additional opportunity

          provided to the petitioner in spite of the fact that eight

          punishments had already been awarded to him. Counsel further
Patna High Court CWJC No.198 of 2025(8) dt.22-06-2026
                                            3/4




          submits that the reply submitted by the petitioner has also been

          considered by the competent authority. Sufficient opportunities

          were granted to the petitioner to improve himself, but he failed

          to improve his conduct. Counsel further submits that in a force

          like the BSF, discipline is required to be maintained at all times,

          and there is a complete lack of discipline on the part of the

          petitioner. Counsel further submits that no interference is called

          for in the present case.

                      5. Upon perusal of the show-cause notice, the original

          punishment order, as well as the appellate order, it transpires to

          this Court that the details of the earlier punishments awarded to

          the petitioner have been incorporated in the show-cause notice.

          The authority issuing the show-cause notice has only indicated

          about consistently poor performance of the petitioner and, on

          that basis, expressed a tentative opinion while calling upon him

          to show cause as to why action should not be taken under Rule

          26 of the BSF Rules, 1969. An indication has also been made as

          to why he should not be retired from service.

                      6 It further transpires to this Court that, despite

          several punishments having been awarded to the petitioner, the

          authorities did not remove him from service and instead decided

          to retire him from service. Errors committed in day-to-day work
         Patna High Court CWJC No.198 of 2025(8) dt.22-06-2026
                                                     4/4




                   may be capable of improvement, but where such lapses continue

                   repeatedly      despite     the    imposition     of   punishments,   the

                   conclusion drawn by the authorities that there is no likelihood of

                   improvement on the part of the petitioner.

                               7. In view of the concurrent findings recorded by the

                   original authority as well as the appellate authority, this Court

                   does not find any reason to interfere in the present matter.

                               8. Accordingly, the present writ petition stands

                   dismissed.



                                                                   (Dr. Anshuman, J.)


Aman Kumar/-

U


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