Punjab Haryana HC upholds dismissal order against former BSF constable

The seat asserted that “Such acts person to beryllium dealt with gravity and pridefulness and honour of women needs to beryllium kept successful precocious esteem. The incidental cannot beryllium said to beryllium a insignificant abrasion, considering that the petitioner has a grounds of disobedience and besides utilizing abusing connection against the superiors and helium having already been punished for specified offences arsenic well.”

Sharma was appointed arsenic a General Duty Constable with BSF successful 1998 and served for a play of astir 16 years. Petty Security Force Court, constituted nether the Border Security Force Act, recovered him blameworthy successful a lawsuit pursuing a chargesheet by the Commandant of 32nd Battalion, BSF, connected February 17, 2014 for utilizing transgression unit connected a pistillate with an intent to outrage her modesty and location trespass successful Jammu and Kashmir.

He, thereafter, received an bid connected February 12, 2015 stating that his sanction was ordered to beryllium struck-off from 32nd Battalion, BSF, from the aforesaid date.

The petitioner past filed an exertion against the punishment bid imposed upon him earlier the appellate authorization – BSF Director-General – who rejected the plea connected July 10, 2015.

In the aforesaid year, the petitioner had approached the High Court seeking to quash the proceedings by the Petty Security Force Court and against the February 12 and July 10 orders of 2015. The HC disposed of the petition and directed the competent authorization to walk a caller bid aft considering facts of the case.

BSF Director-General had again rejected Sharma’s assertion by passing an unreasonable and non-speaking order, submitted petitioner’s counsel.

Sharma approached the High Court again successful 2023, wherein the tribunal disposed of the substance with liberty to the respondents to walk a caller order. The respondents passed a caller bid rejecting the lawsuit of the petitioner.

At the High Court, counsel for petitioner argued that the authorities person failed to see the contradictions successful the connection of the complainant, who had earlier averred that she was unsocial successful the authoritative 4th and her hubby had gone astatine borderline and that the petitioner had travel to her 4th astatine astir 7 pm, however, helium was connected work till 8.30 pm. This information stands established from the in-out registry arsenic good arsenic the log-book of the vehicle, the petitioner claimed.

Hearing the matter, the seat of Justice Vinod S Bhardwaj held that adjacent though the counsel of petitioner has argued that helium had placed connected grounds photocopy of the in-out register/Log Book, it is evident that nary grounds was led by the petitioner successful his defence to beryllium the said document. In the lack of the papers having been proved successful a mode known to instrumentality it cannot beryllium held that a specified submission of the alleged in-out register, should beryllium accepted arsenic a gospel truth.

Justice Bhardwaj noted that “the offence of forcible trespassing into the location with an intent of outraging the modesty of woman of a chap service-man is decidedly a lawsuit of superior abrasion and has earnestly compromised the suitability of the petitioner to beryllium retained successful service.”

“Nothing has been brought connected grounds by the counsel for the petitioner to taxable arsenic to wherefore disciplinary proceedings beryllium not taken against a subordinate of the Disciplined/Uniformed services, who attempts to outrage the modesty of woman of his fellow/colleague, astatine a clip erstwhile helium is alert that specified chap is discharging his duties astatine a Border Post. It would beryllium highly unbecoming of him to instrumentality vantage of a concern erstwhile his chap is discharging duties successful the work of Nation alternatively of taking work for information and information of the families of specified chap colleagues,” held Justice Bhardwaj.