Delhi HC restores ex-CISF officer's 'honour', quashes forced retirement
New Delhi (PTI): The Delhi High Court has restored the 'honour' of a 72-year-old former CISF officer, who was forced to retire 20 years ago over allegations of sexually harassing a woman colleague, saying the complaint appeared to be motivated.
The high court said the charge levelled against the petitioner was not proved, and even if it is presumed that it has been found to be proved by the enquiry officer, the punishment as grave as compulsory retirement ought not to have been imposed.
"Having regard to the fact that a period of about 25 years (since the allegation) has since passed and the petitioner has attained 72 years of age, we feel that the least we can do is, to restore his honour, which according to us, has been destroyed by the action of ordering 'compulsory retirement'," a bench of Justices Dinesh Mehta and Vimal Kumar Yadav said in an order passed on December 19.
The bench said it feels that the letter by the complainant was motivated or actuated by some ulterior motive, maybe because of the fact that the petitioner had initiated action against her.
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"The possibility that the exaggerated, if not false, complaint was filed because of the warning issued to her cannot be ruled out. Such defence, which appeared plausible, has not been given any credence by the investigating officer," it said, adding the allegations "reek of vengeance rather than genuine harassment".
The court passed the order on a plea by the petitioner, ex-assistant commandant in the Central Industrial Security Force (CISF), challenging an October 2005 order of Deputy Inspector General (L&R) by which he was compulsorily retired from service. The petition was filed in 2006.
The court noted the petitioner prayed that, except for restoring the honour, he is not interested in any monetary gain, and he would not ask for any consequential benefits and remain satisfied with whatever pension or monetary benefits he is getting.
The high court quashed the 2005 order and also the enquiry report of 2004 while holding that the conducting of the third preliminary enquiry and consequential disciplinary enquiry was itself uncalled for and the finding recorded by the enquiry officer was not in accordance with the evidence.
“Consequent to the quashing of the order of compulsory retirement, the petitioner shall be deemed to have served the respondents until he attained the age of superannuation. The period between the date of compulsory retirement (October 26, 2005) and his date of attaining superannuation shall be notionally counted in his service. However, his pension shall be revised accordingly. Though he shall not get arrears of the pension, but shall be entitled to get consequential revised pension with effect from March 1, 2026," it said.
The bench noted that two of the three preliminary enquiries had exonerated the petitioner and said it did not find any sufficient reason or cause for the authorities to have ordered a third preliminary enquiry.
"The respondents ought to have given quietus to the issue, given the nature of allegations which reek of vengeance rather than genuine harassment. Moreso, there is no allegation of a serious nature," it said.
The woman constable had made a representation to the authorities in November 1999, levelling allegations against the petitioner of an attempt to develop an illicit relationship and passing inappropriate remarks against her.
The petitioner had claimed that the complaint was motivated and made with an attempt to falsely implicate him, because as a strict officer, he had tried to bring in discipline and curb theft and malpractices and had issued a warning letter to the complainant.
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Real Madrid fines Valverde and Tchouaméni half a million euros each for altercation
Barcelona (AP): Real Madrid slapped players Federico Valverde and Aurélien Tchouaméni with half-a-million-euro ($588,000) fines on Friday for their altercation during practice.
The massive fines came a day after the midfielders tussled when the team trained. Valverde said in a post on social media on Thursday that no punches were thrown. But Valverde knocked his head on a table and he suffered a small cut that required a brief hospital visit.
On social media, Valverde initially called it a “meaningless fight” with a teammate and said “everything has been blown out of proportion."
His employers, however, considered it a significant enough breach of team discipline to nail both Valverde and Tchouaméni with fines that bite even the bank account of a top soccer player. The half-a-million euro penalties reflect the reputational damage the club was enduring in a chaotic end to a disappointing season.
In a statement, the 15-time European champion said its disciplinary action was concluded after both players expressed to the club “their complete remorse for what happened and apologized to one another.”
Madrid added they also apologized to their teammates, the coaching staff and club supporters, as well as showing their willingness to accept whatever disciplinary action the club deemed “opportune.”
Tchouaméni was back training with Madrid on Friday, two days before they play at Barcelona in a clasico. Madrid has to win otherwise Barcelona will be crowned La Liga champion.
After being notified of the fine, he posted a public apology to the club and its fans on social media.
“What happened this week in training is unacceptable,” Tchouaméni wrote. "I say this while thinking about the example we are expected to set for young people, whether in football or at school.
“Above all, I am sorry for the image we projected of the club.”
Valverde was not at practice due to the head knock.
Both players are set to play in the World Cup next month, with Tchouaméni playing for France and Valverde for Uruguay.
Chaotic end to a poor season
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The run-in between the players, who for seasons have played side by side in Madrid's midfield, came after they argued this week in previous training sessions. But tempers boiled over on Thursday. Spanish media was rife with reports that the players previously disagreed over the club's decision to let coach Xabi Alonso go after just months on the job.
It was not the only altercation involving Madrid players during training this week. Álvaro Carreras confirmed he was in a “minor” incident with a teammate. Spanish media said he and fellow defender Antonio Rüdiger got into a scuffle.
Álvaro Arbeloa, the coach who was promoted from Madrid's reserve team when Alonso was fired in January, will face tough questions on what went wrong inside the changing room when he gives a press conference on Saturday ahead of the clasico at Camp Nou.
Madrid is facing a second consecutive campaign without a major trophy amid rumors in the Spanish media that club president Florentino Pérez is considering bringing back Jose Mourinho to straighten out his underperforming team.
