Aayushi Srivastava-
Published On: November 03, 2021 at 18:41 IST
A Delhi High Court Bench headed by Justice Manmohan and comprising Justice Navin Chawla dismissed the reinstatement plea of a BSF personnel who was terminated in December 2020 for allegedly being in touch with a Pakistan Intelligence Operative since 2018.
The Court ruled that his “explanation”, that he used the devices to communicate with family members and that he brought one instrument to be repaired and bought another for his son was completely fanciful and has been rightly rejected by the competent authority.
The Petitioner was found to own four mobile phones and five SIM cards while being deployed. Additionally, a Staff Court of Inquiry (SCOI) found that the Petitioner was in regular contact with the PIO through Messenger App and established a voice call with his registered mobile number.
“The allegation against the Petitioner is of him having regularly contacted a PIO. If a show-cause notice is to be issued to him and a reply thereto is to be sought, the same is likely to jeopardize the national security as certain vital operational and deployment details may come into focus in such inquiry. The source and material for forming an opinion of the person contacted being a PIO would also need to be disclosed. The opinion/satisfaction of respondent no.3 (concerned commandant), therefore, cannot be said to be unreasonable or perverse warranting any interference by this Court in the exercise of its powers of judicial review,” the Court stated.
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