Khushi Doshi
Published on: April 21, 2022 at 17:57 IST
The Supreme Court Upheld the Firing of a Sashastra Seema Bal Head Constable, stating he entered the Women’s Barrack at Bongaigaon in the middle of night on April 15, 2013, Committing an Unpardonable and Gross Misbehaviour.
A Bench of Justices M R Shah and B V Nagarathna refused mercy on the Grounds that the female sentry who allowed him admission had been Penalised with a two-year suspension of advancement “The charges levelled against the Appellant are serious. He entered the Mahila Barrack about 00:15 a.m., maybe to see his purported buddy, but such uncontrolled behaviour that jeopardises the security of the Mahila Barrack’s residents cannot be condoned.”
The Bench rejected the fired head Constable’s request for Equitable Punishment, stating that because the Delinquent Official was a male head constable, his behaviour could not be compared to that of the female constable.
“A male head Constable entering the Mahila Barrack of the Battalion in the middle of the night is more dangerous,” it stated. Six female Constables apprehended the Chief Constable, and the event was Reported to Top Officers.
“A member of the disciplined force is required to follow the regulations, have control over his thoughts and emotions, preserve his instincts and sentiments, and not allow his feelings to soar in a flashy way,” Justice Shah said in his decision.
“Therefore, when the disciplinary authority considered it appropriate to punish him with the Penalty of ‘removal from service’ which is confirmed by the Appellate authority, thereafter it was not open for the High Court Single Judge bench to interfere with the Order of Punishment imposed by the Disciplinary Authority,” the Supreme Court said.
The Judgement of the Gauhati High Court Division Bench to strike aside the Single Judge’s Order mandating reconsideration of the Chief Constable’s Sentence was Upheld.
