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Delhi High Court - Orders

Nurnahar Khatun vs Union Of India & Ors on 22 July, 2025

Author: C. Hari Shankar

Bench: C. Hari Shankar

                  $~87
                  *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                  +         W.P.(C) 15741/2023 & CM APPL. 14334/2025
                            NURNAHAR KHATUN                          .....Petitioner
                                       Through: Mr. Abhay Kumar Bhargava,
                                       Mr. Satyaarth Sinha, Ms. Khushi, Advs.

                                                          versus

                            UNION OF INDIA & ORS.                  .....Respondents
                                          Through: Mr. Abhishek Saket, SPCG,
                                          Ms. Neha Sharma, GP, Mr. Manish
                                          Madhukar, Mr. Abhigyan, Ms. Reya Paul,
                                          Ms. Karnika Bahuguna, Advs.
                            CORAM:
                            HON'BLE MR. JUSTICE C. HARI SHANKAR
                            HON'BLE MR. JUSTICE OM PRAKASH SHUKLA
                                                          ORDER

% 22.07.2025

1. This matter was listed today for a decision on whether the CCS (Conduct) Rules 1964 apply to combatised members of the BSF.

2. The answer, to us, is self evident from Rule 1(3) of the CCS (Conduct) Rules, 1964, which reads thus:

"1. Short title, commencement and application:
(3) Save as otherwise provided in these rules and subject to the provisions of the Indian Foreign Service (Conduct and Discipline) Rules, 1961, these rules shall apply to every person appointed to a civil service or post (including a civilian in Defence Service) in connection with the affairs of the Union:"

3. The petitioner is not a person appointed to a civil service or a W.P.(C) 15741/2023 Page 1 of 2 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 24/07/2025 at 21:53:02 post and he is not a civilian in defence service.

4. The question of resorting to the provisos of Rule 1(3) does not arise as they are only carving out further situations in which a person would not be covered.

5. In that view of the matter, we are of the opinion that combatised member of the BSF would not be covered by the CCS (Conduct) Rules.

6. For hearing of this matter on other aspects, re-notify on 24 July 2025 in the Supplementary List.

C. HARI SHANKAR, J.

OM PRAKASH SHUKLA, J.

JULY 22, 2025 dsn W.P.(C) 15741/2023 Page 2 of 2 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 24/07/2025 at 21:53:02