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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Delhi Police apprehends 966 people in southeast Delhi ahead of New Year under Operation Aaghat 3.0
New Delhi (PTI): The Delhi Police has apprehended 966 people and seized arms, drugs, illegal liquor and vehicles during a large-scale preventive crackdown in southeast Delhi ahead of New Year celebrations, an official said on Saturday.
The operation, namely Operation Aaghat 3.0, was launched to curb organised crime, street offences and the activities of habitual criminals in view of heightened public movement during year-end festivities, they said.
Of the total, 331 accused were arrested under the Delhi Excise Act, NDPS Act and the Public Gambling Act, while 504 people were apprehended under various preventive provisions, the police said.
As part of targeted action, police apprehended 116 listed bad characters, arrested five auto-lifters and four proclaimed offenders, officials added.
During the operation, police recovered 21 country-made pistols, 20 live cartridges and 27 knives under the Arms Act. They also seized 12,258 quarters of illicit liquor, 6.01 kg of ganja and Rs 2.36 lakh from gamblers.
A total of 310 mobile phones, six two-wheelers and one four-wheeler were also recovered, the police said.
In addition, action was taken against 1,306 persons under the Delhi Police Act, while 231 two-wheelers were seized for violations, the officials said.
The crackdown was carried out with over 600 police personnel deployed across the district.
The police said the operation was aimed at preventing any untoward incident during New Year celebrations, particularly in residential areas and jhuggi clusters, and to deter organised crime networks and habitual offenders.
Officials said stringent legal provisions, including sections 111 and 112 of the BNS, would be invoked in suitable cases, and proposals for externment of repeat offenders were also being initiated.
The police added that intensified patrolling, vehicle checking and night surveillance had led to a reduction in PCR calls related to street crime in the district over the past month.
