Srinagar, Apr 26: The High Court of J&K and Ladakh has quashed dismissal order of a BSF personnel saying the competent authority is bound to provide a person, who it considers undesirable to be retained in services, with all the adverse reports so as to enable him to file his defence or explanation.
Allowing Muhammad Shafi Khan’s plea against his dismissal from services in 2004, a bench of Justice Sanjay Dhar however left it open for the authorities to initiate fresh proceedings against Khan strictly in accordance with the BSF Act and the Rules and pass appropriate orders, as may be warranted under law, if they so desire. “In case the respondents (authorities) do not propose to initiate fresh proceedings against the petitioner (Khan), he shall be reinstated in service without paying him the salary for the period he has not actually worked,” the court said.