BSF 'deserter' can't get old job back: Court

A BSF personnel, who was declared a “deserter” by the paramilitary force, has been denied restoration of his job by a Delhi court.

Senior civil judge Ajay Pandey dismissed ex-BSF constable Naurang Singh’s plea for direction to the ministry of home affairs to reinstate in the force.

Singh was dismissed from the BSF in November 1990 due to his alleged absence from the work for over a month without any leave and failure to appear before a court of inquiry, set up to examine his unauthorised absence.

The court dismissed Singh’s plea saying he was unable to support his claim for a direction to the MHA to reinstate him.

Court’s verdict

“The primary onus to prove the relief claimed in the plaint rests with Singh. He had failed to examine himself or any other witness in support of his case. All the allegations in the plaint remained unsubstantiated in the absence of any evidence,” the court said.

In his plea, Singh had said he was inducted into the BSF in July 1988 and on August 1, 1990 when he was posted as a constable at a BSF headquarter in Punjab, he had taken a leave to look after his ailing father and brother.

He said through a letter dated August 3, 1990, the BSF had declared him a “deserter” without giving him any opportunity to defend himself.

The MHA contested Singh’s plea saying on August 1, 1990, he had left his duty without taking permission from any superior officer and did not join even after a letter, directing him to join the service immediately, was sent to his residential address.

It said after Singh remained absent for more than a month, a court of inquiry was set up and on the conclusion of the inquiry, a show cause notice was sent to him.

The MHA contended that Singh had not sent any reply to the notice and accordingly on November 25, 1990, he was dismissed from the service.

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