MUNEER HUSSAIN Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) This writ petition is filed, challenging the order passed on the ground of unauthorised absence. Petitioner could not report for duty as he was detained under the Jammu and Kashmir Public Safety Act. The detention order was not challenged and after detention period was over, he was released.

(2.) The person involved in anti-national activities, who is detained under the Public Safety Act, is not entitled to continue in the service of Border Security Force as the Border Security Force is a disciplined force and integrity towards the nation is more important.

(3.) The Honourable Supreme Court in the decision reported in (2013) 7 SCC 685 (Commissioner of Police, New Delhi and another Vs. Mehar Singh) has held that even for appointment of police person, the character of the person is the most important aspect to be verified by the appointing authority and where the person who is involved in a criminal case even after acquittal is desirable to the post can be verified and in fact the order quashing cancellation of appointment made by the tribunal as well as High Court was set aside on the ground that the person to be selected has to be beyond any criminal background in paragraph 35, it is held thus:-