Cracking whip at workplace doesn’t justify ‘bullying’: HC upholds abetment to suicide charge against senior

A seat of Justice Karamjit Singh was proceeding the petition filed by Balwan Singh, who sought to quash the FIR registered against him successful 2015 nether Section 306 (abetment to suicide) of IPC astatine Kaithal (Haryana).

As per the case, the FIR was registered connected a connection made by Manoj Kumar (brother of deceased) who stated that his elder member Joginder Singh was moving arsenic a Class IV worker successful Animal Husbandry Department and was posted astatine veterinary infirmary successful Rohera village. According to Manoj Kumar, connected October 14, 2015, helium received a telephonic connection that “his member Joginder Singh has committed termination by hanging from a instrumentality successful a country of the hospital”. On receiving the message, helium went to the Rohera hospital. The checking of the assemblage led to betterment of a “suicide note” connected his idiosyncratic (from deceased’s trouser pocket). He work the termination enactment wherein it was written that connected that time Balwan Singh (accused) – posted arsenic a Veterinary Livestock Development Assistant (VLDA) successful authorities veterinary hospital, Rohera, – had “insulted Joginder Singh” (the deceased) and called him “dishonest” and “uttered atrocious words” and besides “gave a slap connected his face”. Joginder Singh “could not carnivore the insult” and owed to this helium was compelled to extremity his life, alleged Manoj Kumar successful his complaint. The FIR was frankincense registered against Balwan Singh.

Balwan Singh’s counsel contended that Joginder Singh (the deceased) was moving nether his lawsuit (Balwan Singh) and determination were allegations that Joginder Singh was charging other wealth from the wide nationalist to supply attraction to cattle. Also, Joginder Singh utilized to contented aesculapian prescriptions without having immoderate authorization to bash so. On this, Balwan Singh (the petitioner) reprimanded him and besides advised him (Joginder Singh) not to request bribe from the villagers who travel to the infirmary for attraction of their cattle, the counsel contended.

However, the authorities counsel and the counsel for complainant (Manoj Kumar) submitted that the petitioner not lone reprimanded Joginder Singh but besides abused and slapped him and utilized violative connection against him. He could not carnivore the insult and ended his beingness by committing suicide, it was submitted, adding that helium (Joginder Singh) near down a termination enactment wherein helium specifically “blamed the petitioner for his death”. Referring to a Forensic Science Laboratory (FSL) report, the authorities counsel besides apprised the tribunal that the handwriting and the signature appearing successful the termination enactment were recovered to beryllium matching with the modular handwriting and signature of the deceased.

On proceeding the matter, the precocious tribunal said, “It is existent that medication of the section oregon an bureau requires definite clasp and power of the employees by superiors but it does not necessitate humiliation and bullying astatine workplace. In case, petitioner herein got complaints regarding moving oregon corrupt practices adopted by the deceased, helium should person reported the aforesaid to his seniors truthful arsenic to proceed against the deceased successful accordance with law. However apparently, nary specified ailment successful penning was received by the petitioner with respect to moving of the deceased, anterior to the occurrence successful question.”

In case, the petitioner was unhappy with the moving of the deceased, helium should person verbally reprimanded the deceased, but determination was nary juncture oregon crushed for the petitioner to slap the deceased oregon to usage abusive connection against him, arsenic is recorded successful the termination enactment successful question, and the deceased took the drastic measurement arsenic helium was incapable to carnivore the said humiliation, said the precocious court.

The tribunal noted that each this happened connected the premises of the infirmary during moving hours connected October 14, 2015, and thereafter, Joginder Singh committed termination connected the precise aforesaid time and near down a termination note. “Thus, determination was affirmative enactment connected the portion of the petitioner proximate to the clip of suicide” which prima facie led him to extremity his life. While dismissing the petition, the precocious tribunal besides noted that “no worldly is disposable connected the grounds that the deceased was frustrated oregon feeling depressed connected relationship of enactment unit oregon was facing immoderate household problem”.