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 regularly contacted a suspected Pakistan Intelligence Operative (PIO) while being deployed on the Pakistan border.
A Bench of Justices Navin Chawla and Manmohan declined to interfere with the decision of the BSF dismissing Kishore Chandra Sahoo from service.
Mr. Sahoo, who had joined the BSF as a constable in 2002, was removed from service on an allegation that on November 23, 2020 while being deployed at the border, he had taken his mobile phone on duty and contacted a suspected PIO.
During a search of his belonging, Mr. Sahoo was found in possession of four mobile phones and five SIM cards.
The Staff Court of Inquiry (SCOI) had found Mr Sahoo guilty of remaining in contact with the PIO since 2018 and regularly conversing with him on messenger account; establishing a voice call from his registered mobile number with the PIO while being deployed on duty.
The SCOI also found him guilty of possessing four mobile phones and five SIM cards and regularly carrying said mobile phones during duty hours, day and night, in contravention of the Standard Operating Procedures and Instructions.
Mr. Sahoo had claimed that the four mobile phones found from his possession belong to him and his family members. He had claimed that one mobile was used for normal call while the other was used for WhatsApp, messenger or for other use of social media.
Mr. Sahoo also claimed that he talked to his family member through WhatsApp video calls from his mobile phone as they stay away. He said the other two mobile phones belong to his son and wife. He said that since he belongs to a village in Odisha, he brought one of the mobiles to repair and purchased one for his son.
The Bench termed Mr. Sahoo’s explanation “completely fanciful” and rejected it. The High Court remarked that the submission made on Mr. Sahoo’s behalf that there was no cogent evidence against him and that the order of dismissal was based only on suspicion could not 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 court pointed out.
The Bench said there was no infirmity in the authorities’ decision to dispense with the formal disciplinary inquiry before 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 court said, dismissing Mr. Sahoo’s plea.
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 regularly contacted a suspected Pakistan Intelligence Operative (PIO) while being deployed on the Pakistan border.A Bench of Justices Navin Chawla and Manmohan declined to interfere with the decision of the BSF dismissing Kishore Chandra Sahoo from service.Mr. Sahoo, who had joined the BSF as a constable in 2002, was removed from service on an allegation that on November 23, 2020 while being deployed at the border, he had taken his mobile phone on duty and contacted a suspected PIO.During a search of his belonging, Mr. Sahoo was found in possession of four mobile phones and five SIM cards.The Staff Court of Inquiry (SCOI) had found Mr Sahoo guilty of remaining in contact with the PIO since 2018 and regularly conversing with him on messenger account; establishing a voice call from his registered mobile number with the PIO while being deployed on duty.The SCOI also found him guilty of possessing four mobile phones and five SIM cards and regularly carrying said mobile phones during duty hours, day and night, in contravention of the Standard Operating Procedures and Instructions.Mr. Sahoo had claimed that the four mobile phones found from his possession belong to him and his family members. He had claimed that one mobile was used for normal call while the other was used for WhatsApp, messenger or for other use of social media. Mr. Sahoo also claimed that he talked to his family member through WhatsApp video calls from his mobile phone as they stay away. He said the other two mobile phones belong to his son and wife. He said that since he belongs to a village in Odisha, he brought one of the mobiles to repair and purchased one for his son. The Bench termed Mr. Sahoo’s explanation “completely fanciful” and rejected it. The High Court remarked that the submission made on Mr. Sahoo’s behalf that there was no cogent evidence against him and that the order of dismissal was based only on suspicion could not 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 court pointed out.The Bench said there was no infirmity in the authorities’ decision to dispense with the formal disciplinary inquiry before 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 court said, dismissing Mr. Sahoo’s plea.