Dr Paritosh Verma v. Union of India & Anr

RAJIV SAHAI ENDLAW, J.

ASHA MENON, J. NOVEMBER 20, 2020 'bs'..

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 20th November, 2020 + W.P.(C) 6150/2020 DR. PARITOSH VERMA .... Petitioner Through: Dr. S.S. Hooda and Mr. Aditya Hooda, Advs. Versus UNION OF INDIA & ANR. ... Respondents Through: Ms. Sarika Singh, Adv. with Deputy Commandant Vinod Kumar, Law Officer, BSF. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW HON'BLE MS. JUSTICE ASHA MENON [VIA VIDEO CONFERENCING] JUSTICE RAJIV SAHAI ENDLAW 1. On 9th September, 2020, when this petition first came up before this Court, the following order was passed: "3. The petitioner, an Assistant Commandant (Medical Officer) in the respondents Border Security Force (BSF), has filed this petition (i) impugning the order dated 10th August, 2020 of extension of the suspension of the petitioner; (ii) seeking mandamus, directing supply to the petitioner of the copies of the Summary Court of Inquiry proceedings against the petitioner; and, (iii) seeking mandamus, directing the respondents to change the headquarter of the petitioner, from Panjipara to Raninagar, Jalpaiguri, where the petitioner, at the time of suspension was posted. 4. It is the case of the petitioner, (i) that on 29th January, 2020, a corruption case pertaining to the Unit where the petitioner was posted, was handed over to Central Bureau of Investigation (CBI) and is under investigation; (ii) on 15th May, 2020, the petitioner was suspended and his headquarter changed to Panjipara; (iii) that the wife and son of the petitioner, though were occupying the official accommodation along with the petitioner at Raninagar, Jalpaiguri, owing to harassment, left the official residence and have gone to reside in the village; (iv) that the Summary Court of Inquiry held, opined against the petitioner; (v) that the extension, vide order dated 10th August, 2020 of the suspension of the petitioner, without the requisite review of subsistence allowance, in terms of FR 53(a) (1) is illegal; (vi) though the petitioner sought documents of Summary Court of Inquiry but the same were denied to the petitioner; and, (vii) though the petitioner, on 13th August, 2020 applied for change of his headquarter during suspension, from Panjipara to Jalpaiguri but the same has not been allowed as yet. 5. The counsel for the petitioner on enquiry states that the wife and son of the petitioner, though in their village, are close to Raninagar, Jalpaiguri and owing to the headquarter of the petitioner having been changed to Panjipara, the petitioner, during suspension, is deprived of their company. 6. It is the contention of the counsel for the petitioner that since disciplinary proceedings against the petitioner have been deferred awaiting the investigation of CBI and which investigation can take a very long time, the petitioner cannot be ordered to remain under suspension till then and without even enhancement of his suspension allowance. 7. Mr. M.R. Panda, Second in Command (Confidential), BSF appears on advance notice and states that his advocate is not available. 8. Issue notice. 9. Notice is accepted by Mr. M.R. Panda, Second in Command (Confidential), BSF. 10. Counter affidavit be filed within four weeks (since the counsel for the petitioner states that the petitioner has not been paid the suspension allowance either) and rejoinder be filed within two weeks thereafter. 11. List on 22nd October, 2020. 12. In the meanwhile, suspension allowance due to the petitioner be released within one week and the application of the petitioner for leave from the headquarter at Panjipara to visit his family be also decided by a reasoned order, within one week of today." 2. The respondents Border Security Force (BSF) have filed a counter affidavit and the counsel for the petitioner and Deputy Commandant Vinod Kumar, Law Officer, of the respondents BSF have been heard. 3. The counsel for the petitioner has contended that the petitioner has claimed four reliefs in this petition i.e. (a) of revocation of his suspension; (b) of c