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november 1995

Supreme Court of India · 1995-11-14

UNION OF INDIA vs BINOD BIHARI BEHERA

Citation / case number
SC 1993/89062
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
BINOD BIHARI BEHERA
Author
S. VERMA
Bench
JAGDISH SARAN VERMA

Judgment text excerpt

The Supreme Court held that the Deputy Inspector-General (D.I.G.) of the Central Industrial Security Force lacked the authority to accept the resignation of a Sub-Inspector, as per Section 5 of the Central Industrial Security Force Act, 1968 and Rule 11 of the Central Industrial Security Force Rules, 1969. The Court found that the acceptance of resignation was invalid since it was accepted by an incompetent authority, leading to the reinstatement of the respondent with one-third arrears of salary and other benefits. The judgment of the High Court was upheld, confirming the arbitrary exercise of discretion in rejecting the re-enlistment request.

UNION OF INDIA vs BINOD BIHARI BEHERA · Niyam