Using foul language cannot be ground for dismissal: Delhi HC
New Delhi: The Delhi High Court has set
aside the dismissal of a CISF personnel for using foul
language against his superior, saying jawans sometimes use
street language to communicate with each other and use of such
words could not be a ground for removal from service.
"The experience of life resolves more than the logic
of the law. Our experience guides us that the jawans do speak
street language while communicating with each other and
liberally spice queries with abuses.”
The court in its recent judgement directed the
reinstatement of Krishna Pal Singh, who was dismissed from
service after he had used "foul" language against his senior
in 2002. He was posted in Panipat.
Singh approached the court challenging his dismissal
order. In his petition, Singh alleged that his senior
sub-inspector, RL Pandit, who was the shift in-charge of the
CISF Unit IOC, Panipat had triggered a spat and slapped him on
Dec 16, 2002.
Countering the petitioner`s allegation, the department
had maintained that it was Singh who had abused and assaulted
Pandit following the spat.
The bench expressed its anguish over the department
for not analysing the circumstances that led Singh and Pandit
to get into a spat before reaching at a conclusion to remove
Singh from the service.
"We find that neither the disciplinary authority, nor
the appellate authority nor the revisional authority has
analyzed the facts keeping in view the backdrop circumstances
and the facts. The sub-inspector had deposed incorrect
facts," the bench added.
A preliminary enquiry was conducted and Singh was
suspended with immediate effect from Dec 17, 2002.
The court accepted Singh`s argument that he had told
the inquiry panel that on day of incident that he was unwell
when his duty was over late in the evening.
When his reliever failed to show up, he contacted
Pandit over the telephone and wanted to know why the reliever
had not arrived. Unable to get a satisfactory explanation,
Singh left his post and ran into Pandit who had roundly abused
him, Singh had said.
The bench rejected the inquiry officer`s report saying
it as "purely surmises and conjectures" and directed that
Singh should be reinstated in service immediately and given
full wages from March 10.
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