Delhi High Court rejects plea of former BSF jawan

He was dismissed from service for having contacted suspected Pakistan intelligence operative

The Delhi High Court has rejected the plea of a former Border Security Force (BSF) constable, who was dismissed from service for having frequently contacted a suspected Pakistan Intelligence Operative (PIO) whereas being deployed on the Pakistan border.

A Bench of Justices Navin Chawla and Manmohan declined to intervene with the choice of the BSF dismissing Kishore Chandra Sahoo from service.

Mr. Sahoo, who had joined the BSF as a constable in 2002, was faraway from service on an allegation that on November 23, 2020 whereas being deployed on the border, he had taken his cell phone on obligation and contacted a suspected PIO.

During a search of his belonging, Mr. Sahoo was present in possession of 4 cellphones and 5 SIM playing cards.

The Staff Court of Inquiry (SCOI) had discovered Mr Sahoo responsible of remaining involved with the PIO since 2018 and frequently conversing with him on messenger account; establishing a voice name from his registered cellular quantity with the PIO whereas being deployed on obligation.

The SCOI additionally discovered him responsible of possessing 4 cellphones and 5 SIM playing cards and frequently carrying stated cellphones throughout obligation hours, day and night time, in contravention of the Standard Operating Procedures and Instructions.

Mr. Sahoo had claimed that the 4 cellphones discovered from his possession belong to him and his relations. He had claimed that one cellular was used for regular name whereas the opposite was used for WhatsApp, messenger or for different use of social media.

Mr. Sahoo additionally claimed that he talked to his member of the family via WhatsApp video calls from his cell phone as they keep away. He stated the opposite two cellphones belong to his son and spouse. He stated that since he belongs to a village in Odisha, he introduced one of the mobiles to restore and bought one for his son.

The Bench termed Mr. Sahoo’s rationalization “completely fanciful” and rejected it. The High Court remarked that the submission made on Mr. Sahoo’s behalf that there was no cogent proof in opposition to him and that the order of dismissal was based mostly solely on suspicion couldn’t be accepted.

“The petitioner [Mr. Sahoo] has not denied being in contact with the person who the respondents [authorities] allege is a suspected PIO. He further does not deny the use of mobile phone[s] while being on duty and being in possession of four mobile phones and five SIM cards,” the courtroom identified.

The Bench stated there was no infirmity within the authorities’ resolution to dispense with the formal disciplinary inquiry earlier than passing the order of dismissal.

“Clearly, if a show-cause notice is to be issued to him and a reply thereto is to be sought, the same is likely to jeopardise the national security as certain vital operational and deployment details may come into focus in such inquiry,” the courtroom stated, dismissing Mr. Sahoo’s plea.

Staff Reporter , 2021-11-06 02:55:58

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