New Delhi: The Supreme Court has said
"arrogance and vanity" cannot be shown by authorities towards
their subordinates and slammed the Central Reserve Police
Force (CRPF) for arbitrarily removing a head constable Angad
Das.
"People in power and authority should not easily lose
equanimity, composure and appreciation for the problems of the
lesser mortals. They are always expected to remember that
power and authority must be judiciously exercised according to
the laws and human compassion.
"Arrogance and vanity have no place in discharge of their
official functions and duties," a bench of Justices Dalveer
Bhandari and A K Patnaik said in a judgement.
The apex court made the remarks while restoring the
original punishment of "compulsory retirement with all
pensionary benefits and gratuity" to Das and quashed the order
of removal passed by the authorities.
Das, serving in Jammu and Kashmir, was compulsorily
retired from service on June 14, 1996 by the Commandant 51 BN,
CRPF on the ground that he obtained the job with the help of a
false date of birth certificate.
Das, however, wrote a mercy plea to the authorities that
he should not be retired and instead be awarded any other
punishment as otherwise his entire family including, five
daughters, would be uprooted and forced to begging or resort
to other wrong path. Moreover, he submitted the birth
certificate was issued to him by the BDO and the panchayat
authorities.
However, the authorities responded by enhancing the
punishment from "compulsory retirement" to "removal from
service", thus depriving him from all terminal benefits.
Aggrieved, Das appealed in the apex court.
The apex court regretted the attitude of the authorities
and said , "the appellant had sent a very polite letter of
request to the Additional District Inspector General, Police
praying that his request for re-employment be kindly
considered because he has enormous responsibility of educating
and marrying his five daughters. The prayer was made with
folded hands and touching his feet. The letter reflected
pinnacle of humility."
The apex court said no provision of law permits the
authorities to treat a letter of request for re-employment as
an appeal.
"The DIG (Police) has no power or authority to enhance
the sentence of the appellant. We fail to comprehend how such
an innocuous and polite letter of request seeking
re-employment on compassionate ground can ever receive such an
unwarranted and arrogant reaction. The order is wholly
arbitrary and illegal," the apex court said.
The bench said the mere letter for re-employment could
not have been treated as an appeal under Rule 28 of the CRPF
Rules, 1955 and regretted that the order of the DIG was upheld
by the Director General of the CRPF.
"The appellant and his family have suffered tremendous
mental agony and harassment caused to them on account of
totally arbitrary orders mentioned above.
"We also direct that the appellant be paid all the
pensionary benefits which have become due and payable to him,
with interest at the rate of 9 per cent per annum, within two
months from the date of communication of this order.
"Union of India is directed to pay costs of Rs 50,000 to
the appellant within two months. We hope and trust that senior
officials in future would not be totally oblivious of the
problems of the humble and modest employees and pass similar
orders," Justice Bhandari observed.
PTI
First Published: Friday, February 19, 2010, 21:30