Final Up to date: March 14, 2024, 14:57 IST
The intention of the petitioner is actually not discovered to be as real and clear as alleged, the court docket mentioned. (Consultant Picture: Getty Photos)
The 2-judge bench additionally refused to just accept Kumar’s competition that the incident doesn’t quantity to misconduct as he was not on obligation on the time
The Bombay Excessive Court docket on Wednesday refused to quash the penalty imposed on a CISF personnel — charged for misconduct — saying that the act of knocking on a girl’s door at odd hours asking for lemons is ‘preposterous and unbecoming’.
Listening to the petition filed by the Central Industrial Safety Power (CISF) personnel Arvind Kumar, a division bench of Justices Nitin Jamdar and MM Sathaye — within the order dated March 11 — mentioned the petitioner was inebriated earlier than the incident and was additionally conscious of the absence of his colleague, the girl’s husband.
“The motion of the petitioner of knocking on neighbour’s door figuring out that the person in the home is absent, the identical being occupied by a woman together with her six-year-old daughter and that too for a frivolous motive of getting a lemon for a so referred to as medical emergency of abdomen upset, is preposterous to say the least,” the HC bench famous.
The petition, difficult the motion taken by his CISF superiors between July 2021 and June 2021 imposing a penalty on him for misconduct, was filed by a 33-year-old Arvind Kumar, posted at Bharat Petroleum Company Restricted in Mumbai.
Kumar’s wage was diminished for 3 years throughout which he would additionally not get any increment as punishment.
The allegation on Kumar was that on the intervening night time of April 19 and April 20, 2021 within the official residential headquarters, the CISF personnel knocked the doorways of his neighbour’s home, the place the complainant lady and her six-year-old daughter lived.
The girl had mentioned that she bought afraid and knowledgeable Kumar that her husband out of city for obligation in West Bengal and so he shouldn’t trouble her. Allegedly the CISF personnel left from the girl’s doorstep solely after she warned him.
Nevertheless, in his defence, Kumar claimed that he was feeling unwell and so he had knocked on her door solely to ask for a lemon.
The Excessive Court docket bench in its order famous that the petitioner had consumed alcohol earlier than the incident and was additionally nicely conscious of the complainant’s husband being posted out of city on the time.
Dismissing Kumar’s petition, the court docket mentioned that his conduct was “actually unbecoming of an officer” of a pressure such because the CISF.
“In our thought-about view, the intention of the petitioner is actually not discovered to be as real and clear as alleged,” the court docket mentioned.
The 2-judge bench additionally refused to just accept Kumar’s competition that the incident doesn’t quantity to misconduct as he was not on obligation on the time. It mentioned that the Central Civil Service (Conduct) Guidelines mandate him to keep up integrity and do nothing which might be unbecoming of a authorities servant always.
(With PTI inputs)
