Srinagar- The High Court of J&K and Ladakh has ordered reinstating of a person into services, more than sixteen years after he was dismissed from services of Border Security Forces.
A bench of Justice Wasim Sadiq Nargal while allowing a petition filed by Naseer Ahmad, who was dismissed from services on 4 February 2008, however left it open for the BSF to hold an inquiry against him in accordance with the provisions of the Border Security Force Act and Rules framed thereunder after giving an opportunity of being heard, “if they so desire.”
“What appears to this court is that the respondents (BSF authorities) have turned a blind eye to the fact that it was obligatory upon the respondents to inform the petitioner (Naseer) together with all reports adverse to him and also providing an opportunity to him to submit, in writing, his explanation and defence, however the same has not been complied with by the respondents,” the court said.
The court also observed that the BSF authorities have flouted the principles of natural justice in addition to the mandate of the provisions contained in Act of 1968 and the Rules framed thereunder.
“Thus, it becomes writ large on the face of record that there has been total non-compliance of constitutional and statutory safeguards available to the petitioner,” the court said.
The court in a 30-page judgment analysed the law on the subject in detail and also observed from the record that Naseer’s order of dismissal had been issued by Second-in-Command, who as per rule 14A is of inferior rank officer to that of Commandant.
“As per the provisions of the Act and Rules thereunder, the competent authority who can dismiss the petitioner (Naseer) is Commandant and thus, the order which has been passed by the said Officer, is without jurisdiction,” the court said and ordered reinstatement in service Naseer with all consequential benefits from 4 February 2008 minus monetary benefits.
In his plea, Naseer had stated that he being a patient of was under supervision of doctors adjacent to his native place i.e. Sub District Hospital, Tangdar, Karnah, and he was admitted in District Hospital, Tangdar, Karnah from 15th June, 2007 to 26th February, 2008.
Naseer, who was working as cook with the BSF, said he had filed representations to the authorities for his reinstatement which were rejected, terming them “devoid of any merit”.
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