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| HC sets aside order of BSF Cop’s dismissal | | |
EARLY TIMES REPORT
JAMMU, Feb 19: The court today set-aside the order/judgment of a Summary Security Court wherein the SS Court after trial sentenced the petitioner, a Border Security Force (BSF) Cop dismissed from service, which was challenged in the present appeal.
The petitioner Suresh Kumar challenged the order of SS Court seeking quashment of dismissal order including charge framed against him and seeking reinstatement.
According to the allegation against the petitioner that on September 24, 2001 while being posted at picket at Sauji had left the picket along with Motorola set without permission of his superior so is alleged have committed offence covered by Section 16 (d) of the Border Security Forces Act.
The petitioner has been preceded in accordance with chapter VII of the BSF Rules; proceedings were initiated as required in terms of Chapter IX of the Rules before the Summary Security Force Court wherein petitioner pleaded Guilty and has been sentenced dismiss from service.
Advocate Surinder Kour appeared for the petitioner submitted that petitioner’s dismissal from service is illegal as the provision of the Act and Rules have not been strictly followed when compliance is mandatory.
Non-compliance thereof has infringed the valuable right of the petitioner. On the other hand, Advocate Ajay Sharma appeared for the Union of India submitted that the provisions of the Act and the Rules as far as applicable have been strictly followed and complied with.
In the approved for reporting judgment, Justice Mohd Yaqoob Mir after hearing the counsels appearing for petitioner and respondents and also referred a judgment titled Union of India & Ors Vs AK Pandey observed that while applying the principle as laid down to the position of the present case, Rule 49 of the Rules was mandatory to be complied with specific in its terms.
Therefore, based on the abstract of evidence regarding with petitioner has been deprived of making any statement the Summary Security Court proceedings are set-aside and the order dismissal is also set-aside.
The court said that it shall be opened for the respondents to proceed against the petitioner afresh after strictly following the rules and procedure as applicable, otherwise petitioner shall stand reinstated but shall not be paid any salary for the period he has remained out of service, and however, the period shall be counted for the pensionary purposes. This judgment pronounced here by Justice Hakim Imtiyaz Hussain for Justice Mohd Yaqoob Mir. JNF
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