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Delhi High Court - Orders

Piyush Sinha vs Union Of India And Ors on 20 August, 2025

Author: Subramonium Prasad

Bench: Subramonium Prasad

                          $~20
                          *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +         W.P.(C) 9934/2019
                                    PIYUSH SINHA                                                                    .....Petitioner
                                                                  Through:            Mr. Himanshu Gautam, Advocate.

                                                                  versus

                                    UNION OF INDIA AND ORS.                  .....Respondents
                                                  Through: Mr. Rajesh Kumar, SPC along with
                                                            Ms. Pragya Yadav, Advs and Mr.
                                                            Janank Raj, SSB.

                                    CORAM:
                                    HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
                                    HON'BLE MR. JUSTICE VIMAL KUMAR YADAV
                                                                  ORDER

% 20.08.2025

1. In the present case, the Petitioner has been appointed in the Sashastra Seema Bal (SSB) in the year 2004. The SSB is governed by the Sashastra Seema Bal Act, 2007 [SSB Act] and the Sashastra Seema Bal Rules, 2009 [SSB Rules]. The SSB Act came into effect on 01.08.2009 as notified in the Official Gazette. Prior to the promulgation of SSB Act, the persons recruited to SSB were being governed by the Central Reserve Police Force Act, 1949 [CRPF Act] and the Central Reserve Police Force Rules, 1955 [CRPF Rules].

2. Material on record indicates that the Petitioner has been charged for being absent from duty from 22.07.2009 at about 0500 hours on his own will, without obtaining the prior permission/approval of the Competent Authority. The Petitioner has been proceeded under the CRPF Act and the This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/08/2025 at 22:42:59 CRPF Rules.

3. The short question which arises for consideration is whether the Petitioner should have been proceeded against under the provisions of CRPF Act and CRPF Rules or under the provisions of SSB Act and SSB Rules.

4. List on 26.08.2025 in the supplementary list.

SUBRAMONIUM PRASAD, J VIMAL KUMAR YADAV, J AUGUST 20, 2025 S. Zakir This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/08/2025 at 22:42:59