Delhi HC reinstates BSF jawan dismissed from duty for slapping senior
TOO HARSH A PUNISHMENT Court ruling said the dismissal meted out was grossly disproportionate to the gravity of the offence
NEW DELHI: A Border Security Force (BSF) jawan who was dismissed from service for slapping a senior thrice has been reinstated by the Delhi High Court, which said the punishment meted out was “grossly disproportionate to the gravity” of the offence.
Head Constable Anil Kumar had applied for leave to go home which was sanctioned. He was awaiting clearance to leave the battalion to catch a train on August 31, 2013. The train was to depart at 4.50pm.
The adjutant Deputy Commandant had deputed Inspector (Ministrial) SN Chakraborty to prepare the movement orders for the jawan. Chakraborty was to complete the necessary formalities and issue a leave certificate, but even past noon, he reportedly did not prepare the papers.
It is in this background that Kumar slapped Chakraborty three times in his office room.
After hearing testimonies of 11 prosecution witnesses and two defence witnesses, bench Justices Pradeep Nandrajog and Pratibha Rani came to remark that Chakraborty was a “brusque person and his manner of speaking was not only curt but a little offensive.”
The court said it was also aware of the fact that Kumar had faced four penalties in the past for remaining absent from service without leave, for having allegedly taking away leave documents along with the note involving bribery, embezzlement or fraud of over `10 crore or those involving senior civil servants. In addition, the commission has given itself the discretion to fast-track high-profile cases so that their punishment has a demonstrative effect on other employees. sheet, for a matter concerning a VIP’s telephone and on one occasion using intimidatory language with the Deputy Commandant in an interview. “…We are of the firm opinion even factoring the past record, given the backdrop in which the petitioner (Kumar) slapped Inspector (Min) SN Chakraborty, the penalty of dismissal from service inflicted upon the petitioner is grossly disproportionate to the gravity of the wrong,” the bench said. “Punishment has to be tempered with mercy. An unjust sentence causes more harm than good. The person punished feels cheated and those who see the sentence imposed develop hatred for the system,” it remarked.
The bench directed Kumar to be reinstated in service but said he will be denied back wages saying it was a sufficient penalty for him. It also declared that the period between dismissal and reinstatement would not be counted in service for purposes of increment, but would be counted for all other purposes such as continuity of service.