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Patna High Court

Chandan Kumar SumanversusThe Union of India

Decided
Disposal
DISMISSED

Holding

The termination of the petitioner’s service under Section 23 of the BSF Act, 1968 was lawful and the writ petition was dismissed.

Summary

The petitioner, Constable Chandan Kumar Suman of the Border Security Force, was dismissed from service under Section 23 of the BSF Act, 1968 for alleged misconduct. He filed a writ petition seeking a certiorari to set aside the dismissal order dated 28-06-2021, his reinstatement, and a mandamus directing the Inspector General to consider his pending representation. The petitioner relied on a Supreme Court judgment (Avtar Singh v. Union of India, 2017) and claimed that his representation filed on 15-09-2021 had not been entertained. The respondents contended that the dismissal followed a proper show‑cause procedure, that the petitioner had concealed a pending criminal case, and that the appellate authority had affirmed the termination. The High Court held that the disciplinary proceedings complied with the BSF Act, that no legal provision permits entertaining a representation after the appellate authority’s affirmation, and therefore the petition could not be entertained. Consequently, the court dismissed the writ petition.

Issues considered

  • Whether the dismissal of a BSF constable under Section 23 of the BSF Act, 1968, after due process, can be set aside by a writ of certiorari.
  • Whether a representation filed after the appellate authority has affirmed the termination can be entertained.
  • Whether the petitioner is entitled to reinstatement and a mandamus directing further consideration of his pending application.

Legislation cited

Subjects

  • service termination
  • BSF Act
  • Section 23
  • writ of certiorari
  • mandamus
  • representation after appellate order
  • disciplinary proceedings

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.9940 of 2022
                 ======================================================
                 Chandan Kumar Suman s/o Yugal Kishore Paswan, Resident of Village-Tetia,
                 P.O. Tetia Bambar, P.S. Tetia Bambar, District-Munger, posted previously as
                 constable Chandan Kumar Suman E coy, 200 Bn BSF, Gokulnagar, Tripura-
                 799102.

                                                                                 ... ... Petitioner/s
                                                 Versus
           1.    The Union of India through the Secretary, Ministry of Home Affairs, New
                 Delhi.
           2.    The Director General Border Security Force, CGO Complex, Lodhi Road,
                 New Delhi-110003.
           3.    The Inspector General, Border Security Force, HQ, Tripura Frontier BSF,
                 Salbagan, Tripura.
           4.    The Dy. Inspector General, Border Security Force, HQ, Tripura Frontier
                 BSF, Salbagan.
           5.    The Commandant, 200 Bn BSF, Gokulnagar, Tripura.
           6.    The Commandant, 69 Bn BSF, Narayanpur, Malda (West Bengal).

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Saroj Kumar Singh, Adv.
                 For the Respondent/s   :        Mr.Awadhesh Kumar Pandey, Sr. CGC
                                                 Mr.Avinash Kumar, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   31-01-2026                     Heard Learned Counsel for the petitioner and

                   Learned Counsel for the State.

                               2. Learned Counsel for the petitioner submits that the

                   present writ petition has been filed with the following reliefs:-

                                              i. For issuance of order (s), direction (s), writ
                                  (s), particularly in the nature of writ of certiorari for setting
                                  aside the order dated 28-06-2021 passed by Raj Narayan,
                                  Mishra Commandant, 200 Bn BSF, Gokulnagar, Tripura-
                                  799102 whereby, punishment dismissal from service has
                                  been imposed upon him, with immediate effect, for having
Patna High Court CWJC No.9940 of 2022(3) dt.31-01-2026
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                          committed offence under section 23 of BSF Act, 1968
                          (hereinafter referred to as the Act).
                                      ii. For issuance of an appropriate order or
                          direction quashing the order dated 28.06.2021 made by the
                          commandant Sri Raj Narayan Mishra against the petitioner
                          of accused number 131007402, Constable, Chandan Kumar
                          Suman 'E' Coy, 200 Bn BSF, who has been tried by SSFC
                          and awarded sentence "To be dismissed from the service"
                          without holding any cogent enquiry to the petitioner.
                                      iii. For issuance of an appropriate writ order or
                          direction commanding the respondents to reinstate the
                          petitioner in BSF, as a constable, GD. Duty.
                                      iv. For issuance of a writ of mandamus
                          directing the respondent No. 3 to consider and dispose of
                          the application of the petitioner which is pending for
                          disposal in the office of the inspector General. Frontier
                          head quarter, Border security force, Salbagan, Tripura.
                      3. Counsel for the petitioner further submits that the

          petitioner has filed his representation dated 15.09.2021 which is

          annexed vide Annexure-3 of the writ petition, in which he relied

          on judgment passed by Hon’ble Supreme Court of India in case

          of Avtar Singh Vs. Union of India & Ors. passed in 15.11.2017

          (annexure-4) and submits that no order has been passed in his

          representation. He further submits that the present writ petition

          has been filed with limited prayer for entertainment of his

          representation vide Annexure-3 with Annexure-4.

                      4. Learned counsel for the Union of India opposes the

          prayer and submits that the petitioner was enrolled as Constable

          (GD) on 15.05.2013 and reported to 200 Bn BSF, on permanent
Patna High Court CWJC No.9940 of 2022(3) dt.31-01-2026
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          posting dated 28.04.2014. He further submits that a complain

          was received against the petitioner about pending criminal case

          against him. In this regard, report has been called for through

          District Magistrate, Munger in which he had confirmed about

          the pendency of the criminal case with information that the

          petitioner and other accused tried to compromise the said case,

          however, the case is still pending.

                      5. Counsel further submits that a show-cause was

          issued against the petitioner and in his reply to the show-cause,

          he admits about the pendency of the criminal case at the time of

          his appointment. But he has intimated in the enrollment form

          that no criminal case pending against him, which is absolutely

          out and out a false statement. Action has been taken against him

          for violation of Section 23 of the B.S.F. Act, 1968, following the

          due procedure and granting full opportunity of examination and

          cross-examination and order of termination was passed, which

          was challenged by him before the Appellate Authority by which

          the order has also been affirmed.

                      6. Counsel further submits that there is no provision in

          law that after passing order by the Appellate Authority, a

          representation should be entertained annexing the order passed

          by Hon’ble Supreme Court of India, and therefore, the present
          Patna High Court CWJC No.9940 of 2022(3) dt.31-01-2026
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                    writ petition fit to be dismissed.

                                7. Upon going through the documents and hearing the

                    parties, this Court is of the firm view that the petitioner’s service

                    has been treated by the respondent authorities in accordance

                    with the BSC Act, 1968 and whatever opportunity available

                    under law has been provided to him. The prayer of the petitioner

                    for entertainment of his representation after affirmation of

                    termination from Appellate Authority is not permissible in law.

                    Therefore, this Court has not option, but to dismiss the present

                    writ petition.

                                8. With the aforesaid directions and observations, the

                    present writ application stands dismissed.



                                                              (Dr. Anshuman, J)
Prakashmani/-

U


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