NEW DELHI, Nov 4: A Delhi court has set aside a trial court’s order to reinstate a Central Industrial Security Force constable, saying it was against “all canon of justice.”
Additional District Judge (ADJ) Pankaj Gupta set aside the order for reinstatement of Constable Joginder Singh on an appeal by the CISF.
“In view of the aforementioned judgment and discussions, it can be held that the trial court acted in highly perverse manner and decreed the suit against all canon of justice, said ADJ Gupta.
“The decree granted by the trial court (in favour of the constable) is not sustainable in law and is liable to be set aside,” he added.
The order came on an appeal by the Centre and the CISF against a January 22, 2011, judgement of the trial court here on a plea by Constable Singh who had sought dismissal of the December 31, 1990 order passed against him by CISF commandant posted at district Giridih in Bihar.
Singh, a resident of Rohtak in Haryana, had also sought dismissal of the order passed by CISF’s deputy inspector general, based at the north east zone headquarters of the Force at Patna.
In his plea to the trial court, Singh had also pleaded for his reinstatement with full back wages and other service facilities.
The CISF constable was charge-sheeted by the paramilitary force on June 3, 1990, after which he had participated in a disciplinary inquiry which removed him from service through its December 31, 1990 order.
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