HC directs BSF to appoint candidate accused of live-in relation

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New Delhi, May 9 (UNI) The Delhi High Court, on a petition of a man who despite clearing all exams and interviews for the post of an assistant commandant, was denied a job as he had a live-in relationship with a girl, has directed the government and the Border Security Force (BSF) authorities to give him the job.

A bench comprising Justices A K Sikri and J M Malik has recently directed the government and the BSF to issue appointment and joining letter to the petitioner forthwith as he was only a victim of circumstances.

The petitioner had cleared exams conducted by the UPSC and also interviews and was selected for the post of assistant commandant in BSF on October 4, 2006.

The BSF while issuing the appointment letter found that there were two criminal cases pending against him. On October 11, 2006, a girl had filed a report under section 498A, 406, 34 of IPC (dowry harassment) against the petitioner in the Model Town police station.

BSF lawyer Jyoti Singh contended that as per the rules of government, the appointing authority must verify the conduct of the employee. Therefore, his appointment was withheld.

Mr J P Singh and Mr Tarun Diwan, lawyers for the petitioner contended that the two cases against their client were false and fabricated and were quashed by the court earlier.

He was booked under section 498 of IPC for dowry harassment whereas, no marriage was solemnised.

The girl who had accused him of harassing for dowry had confessed to the court that there was a live-in relationship between the duo and no marriage was solemnised and also that she had filed a false complaint in the police station against him, in order to find the whereabouts of her boyfriend who had gone missing. The court had therefore, quashed the FIR filed against the petitioner.

Even though both the cases filed against the petitioner have been quashed in the court, the BSF authorities held that he is not likely to become a good officer of a disciplined force like BSF, which is entrusted with responsibility to secure the frontiers of the nation and is required to lead a large number of troops under his command in exemplary manner.

Ms Jyoti singh, lawyer for BSF told the court that they cannot appoint the petitioner in BSF as he does not have a sound moral Character.

The court said the BSF should not take into account a false story concocted by a girl. It is clear that she made an attempt to marr the reputation of the accused.

The court said it has made all inquiries in the matter and said, ''the raised by her clearly reveal that she had minted a false story and no value should be pinned on that story,'' the court held.

The girl who had levelled the allegations against the petitioner is happily married now and the court held that ''under the circumstances, he cannot be made to suffer in this manner and his career cannot be marred at threshhold for no fault of his.'' UNI SNG BDP RAI0942

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