Conduct of CISF officer "unbecoming of uniformed personnel," says Delhi HC while dismissing petition

A Division Bench of Justice Subramonium Prasad and Justice Vimal Kumar Yadav, while upholding the punishment imposed on him, said that the petitioner, who was already married, had "no business to indulge in a relationship with another lady and send vulgar messages."

The Court emphasised that the principles of natural justice were duly followed during the inquiry and that no extraneous material had been considered by the disciplinary or revisional authorities.

It noted, "The petitioner, being a member of a uniform service, was already married and had no business to indulge in a relationship with another lady and send vulgar messages. This conduct is definitely unbecoming of an officer of a uniform force."

Petitioner Sub-Inspector (Executive) with the CISF was punished with a reduction of pay by one stage for two years, following a departmental inquiry that found him guilty of sending indecent messages and entering the complainant's house with mala fide intent. His revision petition before the Director General of the CISF was dismissed in 2017.

Challenging this before the High Court, he claimed that the complaint was false and the messages were exchanged as part of a friendly relationship. The Court, however, found no merit in his contentions and said the inquiry had been conducted fairly.

Citing Supreme Court precedents on the limited scope of judicial review in disciplinary matters, the Bench reiterated that High Courts, under Article 226 of the Constitution, cannot act as appellate authorities to reappreciate evidence unless the findings are perverse or unsupported by any evidence.

Dismissing the petition, the Court remarked that the punishment imposed was commensurate with the misconduct, adding that "rather this Court is of the opinion that the petitioner has been left very lightly." (ANI)