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Delhi HC directs reinstatement of sacked CISF officer

The Delhi HC has directed the Centre to reinstate a CISF officer who lost his job 23 years ago for alleged professional misconduct.



New Delhi: The Delhi High Court has
directed the Centre to reinstate a CISF officer who lost his
job 23 years ago for alleged professional misconduct as he had
gone to a football stadium without his senior`s permission in
the wake of a scuffle there between police and spectators.

A Division Bench in a recent judgement also directed
that Santosh Kumar Sur, then a Company Commander with Central
Industrial Security Force(CISF), be given all financial
benefits.

"The petitioner has been punished for dutifully
discharging his bounden duty. Therefore, it has to be held
that the punishment imposed on the petitioner was irrational
and in total defiance of logic or moral standards," the Bench
comprising Justice Gita Mittal and Justice Vipin Sanghi said.

In September 1985, Sur was supervising fatigue duty
for the purposes of maintenance and cleaning of the
headquarters lines near the Pant Stadium in Bhillai which was
then in Madhya Pradesh.

When a football match in the Federation Games was on, Sur
was on his duty when the local police had intervened and
resorted to lathi-charge against the spectators following a
scuffle in which some CISF personnel were also injured.

"The turbulent and tense situation at the lines and the
emotion generated amongst the CISF personnel compelled the
petitioner to go to the stadium to take stock of the situation
and return to the battalion headquarters without any delay,"
the court said.

"The petitioner (Sur) was in a position of authority and
was required to take initiative. Shockingly, he has been
penalised for reacting to protect the CISF personnel and
property, which was the security concern of CISF," the Bench
added and quashed the show-cause notice of October 1985 issued
to him by the Commandant of the CISF.

The Court also quashed the sacking order issued by the
disciplinary authority in 1987 saying "the punishment imposed
on him was unquestionably shocking to judicial conscience and
grossly disproportionate to the allegations made against the
petitioner".

The bench said "it is held that actions attributed to the
petitioner do not fall within the scope and definition of the
expression `misconduct`. For this reason, the Memorandum dated
19th October, 1985..., are in violation of the principles of
natural justice and contrary to well settled principles of
law".

The Bench accepted the argument of Sur that he had made
every attempt to inform about the situation to any of the
senior officers but all of them were busy in a meeting with
Deputy Inspector General(DIG), CISF, at Bhillai Steel plant.

Sur was dismissed from service following an allegation
that he, along with some other CISF personnel who were in
civil dress, had gone to the stadium without obtaining
proper permission from their seniors, which brought disrepute
to the force.

PTI

From Zee News

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