He was dismissed from service for contacting a suspected Pakistani intelligence operative
The Delhi High Court has dismissed the plea of a former Border Security Force (BSF) constable, who was dismissed from service for routinely approaching a suspected Pakistan Intelligence Operative (PIO) while posted on the Pakistan border. had gone.
A division bench of Justice Navin Chawla and Justice Manmohan refused to interfere with the BSF’s decision to dismiss Kishore Chandra Sahu from service.
Mr. Sahu, who had joined the BSF as a constable in 2002, was removed from service on the allegation that on November 23, 2020, while posted at the border, he had taken his mobile phone on duty and met a suspect. Contacted PIO.
During the search of his belongings, four mobile phones and five SIM cards were found from Mr. Sahu.
The Staff Court of Inquiry (SCOI) had found Mr. Sahu guilty of being in touch with the PIOs since 2018 and regularly interacting with them on Messenger accounts; Establishing a voice call from your registered mobile number with the PIO while on duty.
The SCOI found him guilty of possessing four mobile phones and five SIM cards and carrying the said mobile phone during regular duty hours, day and night, in violation of standard operating procedures and instructions.
Mr. Sahu had claimed that the four mobile phones recovered from him belonged to him and his family members. He claimed that one mobile was used for normal calls while the other was used for WhatsApp, Messenger or other social media use.
Mr Sahu also claimed that he spoke to his family member through a WhatsApp video call from his mobile phone as they live far away. He said the other two mobile phones belonged to his son and wife. He said that since he belongs to a village in Odisha, he brought a mobile for repairs and bought a mobile for his son.
The Bench termed Mr. Sahu’s explanation as “completely hypothetical” and dismissed the same. The High Court observed that the submissions made by Mr. Sahu that there was no conclusive evidence against him and the order of dismissal was based only on suspicion, cannot be accepted.
“petitioner” [Mr. Sahoo] Respondents have not denied being in contact with the person who [authorities] The accused is a suspected PIO. He does not further deny the use of mobile phones[s] While on duty and possessing four mobile phones and five SIM cards,” the court said.
The bench observed that there was no lapse in the decision of the officers to conclude the formal disciplinary inquiry before passing the order of dismissal.
“Clearly, if a show cause notice is to be issued to them and their reply is sought, it is likely to pose a threat to national security as some critical operational and deployment details may come to notice in such an investigation,” The court dismissed Mr. Sahu’s petition and said.
.