MAHESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) As the facts and issues raised in these petitions are similar I propose to dispose of both the writ petitions by this common judgment/order.

(2.) The writ petitions are filed by the petitioners seeking for quashing and setting aside of the orders of retirement of the petitioners from service under the provisions of Rule 26 of the Border Security Force Rules.

(3.) Both the petitioners were issued warning letters intimating them that there are red entries in their service records and that if they did not improve their conduct and discipline necessary action would have to be taken against them. Subsequently, show cause notices were issued to the petitioners contending inter alia that the service record of the petitioners indicate that several punishments and adverse entries have been awarded to the petitioners. It was also stated that in view of their consistent poor per formance they were un-suitable for further retention in the force. In view of the aforesaid position the competent authority issued the said show cause notices to the petitioners tentatively proposing to retire them from service under the provisions of rule 26 of the Border Security Force Rules.