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.