HC stays BSF officer’s termination notice, issues interim relief

29/07/2026

JAMMU, Jul 28: The High Court of Jammu & Kashmir and Ladakh has stayed the operation of a show-cause notice proposing the termination of a Border Security Force (BSF) officer, observing that a prima facie case for interim relief had been made out and directing that the notice shall remain in abeyance until the next date of hearing.
Justice Wasim Sadiq Nargal passed the interim order in a petition filed by Jalaj Shrivastava, who challenged the show-cause notice dated July 1, 2026, issued under Section 10 of the BSF Act, 1968, read with Rule 20 of the BSF Rules, 1969, tentatively proposing his termination from service.
Appearing for the petitioner, Senior Advocate Aseem Kumar Sawhney, assisted by Advocates Kashif Malik, Harsh Singh and Anil Kumar, contended that the impugned notice had been issued prematurely and was unsustainable in law as the criminal proceedings against the petitioner had concluded and the matter was awaiting pronouncement of judgment. It was argued that the authorities ought to have awaited the outcome of the criminal case before initiating termination proceedings.
The petitioner further submitted that the Staff Court of Inquiry (SCOI) had not substantiated the allegations relating to the alleged fraudulent procurement and unauthorized sharing of Call Detail Records (CDRs) and had recommended closure of the matter. It was also argued that the Additional Staff Court of Inquiry did not find any incriminating material against him.
Senior Advocate Sawhney submitted that the findings of the departmental inquiries were accepted by the Deputy Inspector General, BSF, and that the Inspector General, BSF, had also recommended closure of the matter after observing that the petitioner's alleged involvement during his deputation with the National Investigation Agency (NIA) could not be established.
The petitioner further contended that the BSF authorities had earlier decided that any further action, if required, would depend upon the outcome of the case registered by the Central Bureau of Investigation (CBI). Since the criminal trial had reached the stage of judgment, the issuance of the show-cause notice without awaiting the verdict was stated to be arbitrary and contrary to the earlier stand of the authorities.
Reliance was also placed on an interim order passed by the High Court in Umesh Kumar Verma versus Union of India and others, in which adverse action had been stayed in what the petitioner described as similar circumstances.
After hearing the petitioner's counsel and perusing the record, Justice Nargal observed that "prima facie, a case for indulgence is made out" and directed that, subject to objections from the respondents, the operation of the impugned show-cause notice shall remain stayed till the next date of hearing.
The matter has been listed for further consideration on August 17, 2026. The court clarified that the interim order would remain open to alteration, modification or vacation on an appropriate motion.
Central Government Standing Counsel Eishaan Dadhichi, appearing for the Union of India on behalf of Deputy Solicitor General of India Vishal Sharma, accepted notice.

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