Date:10/09/2008 URL: http://www.thehindu.com/2008/09/10/stories/2008091055340800.htm

New Delhi

Court orders reinstatement of BSF Naik

Staff Reporter

NEW DELHI: The Delhi High Court has ordered reinstatement of a Border Security Force Naik to his job a decade after his dismissal on grounds of misconduct with an Inspector.

Summary proceedings

However, a Division Bench of the Court comprising Justice Sanjay Kishan Kaul and Justice M.C. Garg allowed the BSF to conduct Summary Security Force proceedings against the errant constable for indiscipline. The Court also directed the paramilitary force to allow Naik Subhash Chandra to defend himself in the summary proceedings. “The dismissal order cannot be sustained, and the same is dismissed,” the Bench said in its judgment.

The judgment came on a petition by Naik Subhash Chandra challenging his dismissal submitting that it was arbitrary. The constable was dismissed from service in 1997 after he shouted at the Inspector following a direction by the latter to wait for some time for forwarding of a request by the former. The Inspector had asked the Naik to wait when he found that the latter had not fulfilled all the mandatory formalities for forwarding of his request.