$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010358372020 + CONT.CAS(C) 897/2020 KULWANT RAI SHARMA COMMANDANT .....Petitioner Through: Mr. Anshuman Mehrotra, Adv. versus SH. AJAY KUMAR BHALLA & ANR. .....Respondents Through: Mr. Balendu Shekhar, CGSC with Mr. Krishna Chaitanya, Mr. Divyansh Singh Dev, Mr. Rajkumar Maurya, Advs. for UOI with Mr. Sanjay Bhatt and Mr. Jitendra Kumar, Officer in Court, BSF CORAM: HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR O R D E R % 07.08.2026 1. The present Contempt Petition has been filed alleging non- compliance of the directions passed by this Court vide Judgement dated 31.08.2020 in W.P.(C) No. 5810/2020. 2. Learned counsel appearing for the Petitioner, in particular, draws the attention of this Court to Paragraph No. 9(iii) of the said Judgement and submits that the aforesaid direction has not been complied with. The aforesaid paragraph reads as under: “9(iii) the respondents BSF to take a decision qua diversion of the posts in BSF, of the IPS and / or Ex- Army cadre, either in advance for each year, so that the diverted posts are released at the beginning of each year, for promotion of the BSF cadre officers, or latest by the end of the month of March of each succeeding year, so that the posts do not remain vacant.” 3. Per contra, learned counsel appearing for the Respondent draws 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 10/08/2026 at 12:24:02 the attention of this Court to the compliance affidavit dated 03.01.2023 and submits that the directions contained in Paragraph 9(iii) of the Judgement dated 31.08.2020 stand duly complied with. The relevant averments contained in the said affidavit read as under: “3.That in compliance with the above directions it is humbly submitted that with regard to setting out the mechanism for compliance of paragraphs 9(iii) of the Judgment/Order dated 31.08.2020 passed by the Hon'ble Division Bench of this Hon'ble Court in WP(C) 5810/2020 regarding temporary diversion of IPS quota to promotion quota of BSF cadre officers, it is submitted that Pers Section of the Pers Directorate of HQ DG BSF is sending the proposal to the MHA well in advance before commencement of vacancy year for obtaining timely approval regarding temporary diversion of IPS quota to promotion quota of BSF cadre officers. The details regarding submission of such proposals to the MHA for the last three years are as under:- Sl. No. Vacancy Year Details of the proposal for temporary diversion submitted to MHA Details of the Approval received from MHA 1. 2021 The proposal of temporary diversion of 15 posts in the rank of DIG from IPS quota to promotion quota of BSF cadre submitted to MHA vide FHQ (Pers Dte) UO No. 17/94(2021)/2008-Pers/BSF/30776 dated 09.11.2020 Approval of MHA received vide their UO No. A- 12011/11/2019- Pers.III/CF- 3330091 dated 07.07.2021 2. 2022 The proposal of temporary diversion of 15 posts in the rank of DIG from IPS quota to promotion quota of BSF Cadre submitted to MHA vide FHQ (Pers Dte) UO No. 17/94/2008-Pers/BSF/7896 dated 10.11.2021 The approval of MHA received vide their UO No. 1- 45220/24/2022- Pers.II dated 29.06.2022 3. 2023 The proposal of temporary diversion of 15 posts in the rank of DIG from IPS quota to promotion quota of BSF Cadre stands submitted to MHA vide FHQ (Pers Dte) UO No. 117/94/2008- Pers/BSF/39868 dated 11.11.2022 Matter is under consideration at MHA. 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 10/08/2026 at 12:24:02 4. Upon a pointed query from the Court as to whether any affidavit controverting the aforesaid particulars set out in the compliance affidavit has been filed, learned counsel appearing for the Petitioner submits that no such affidavit has been filed. 5. Learned counsel appearing for the Petitioner was further queried as to the basis on which the assertion regarding non- compliance of the aforesaid direction has been made. In response, learned counsel submits that the said assertion is based upon the “instructions” received by him. 6. In the facts of the present case and considering the compliance affidavit which sets out that directions of parts is being carried out on the basis of an annual exercise as contemplated in Paragraph No.9(iii) of the Judgment dated 31.08.2020, this Court is of the view that the allegation of non-compliance cannot, by itself, be sustained merely on the basis of “instructions” received without a shred of substantiation, particularly when the compliance affidavit sets out, in specific terms, the steps stated to have been taken towards compliance and the same has not been controverted for almost three long years by way of any affidavit or any other material placed on record by the Petitioner. Mere assertions with no material to back the same cannot be permitted to form the foundation for a contempt proceedings or for its continuance. 7. In view of the aforesaid, this Court finds that the Respondent has sufficiently demonstrated compliance with the directions contained in Paragraph No. 9(iii) of the Judgement dated 31.08.2020. No material has been placed before this Court to substantiate the allegation of non-compliance. Accordingly, no further purpose would 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 10/08/2026 at 12:24:02 be served by keeping the present Petition pending. 8. The present Petition is, accordingly, disposed of along with the pending Application(s), if any. HARISH VAIDYANATHAN SHANKAR, J. AUGUST 07, 2026/rk/DJ 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 10/08/2026 at 12:24:02