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Insp./SAM Reshu Dabas vs. Union of India & Ors.

Writ Petition (Civil) · 2026:DHC:7678-DBDecided 8 Sept 2026New Delhi Bench
W.P.(C) 12955/2026CNR: DLHC010420152026
Justice Nitin Wasudeo Sambre · Justice Amit Sharma

Background

The petitioner, an Inspector with over 13 years of service in the Border Security Force's Air Wing, submitted her resignation for family reasons, but the BSF refused to process it unless she first repaid roughly ₹10.38 lakh in flying allowance that the force considered improperly paid to her: an issue actually pending in a separate, related case before the same High Court. She had already given the Court a formal undertaking to repay the allowance if that other case were ultimately decided against her.

Decision Breakdown

The Court held that once an undertaking is given to a court, it is legally binding and enforceable through contempt proceedings if broken, meaning the BSF's interests in recovering the money were already adequately protected. Finding no valid legal basis for insisting on upfront repayment before even processing the resignation, the Court accepted her undertaking, directed the BSF to process her resignation immediately, and made clear she must repay the allowance within two weeks if the related case is ultimately decided against her.

Lesson Learnt

A formal undertaking given to a court to repay a disputed amount if a related case goes against you can be sufficient legal security: it can unlock an otherwise-stalled administrative process like a resignation, since breaking a court undertaking carries its own serious (contempt) consequences.

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