CT. Keshav Dev v. UOI & Ors.

1. The petitioner seeks setting aside of order dated 4.12.2006 whereby he was dismissed from service and also of the subsequent order of 18.4.2007 whereby the appeal against the previous order was dismissed. He seeks reinstatement in service to the post of Constable in BSF, along with all consequential benefits, as well as continuity of service. The facts are that a complaint was made on 22.7.2006 that the petitioner had attempted to outrage the modesty of a lady, namely Ms. Kantha Riang, resident of Village Sagarpara, Tripura “near Water Point, which is about 100 ft. from Sentry Post of BOP Amar at 1000 hours, when she was on (her) way to her village”. The petitioner pleaded guilty to the charge and was accordingly dismissed from service.

2. The learned counsel for the petitioner submits that the petitioner’s 2014:DHC:5005-DB WP (C) No.5481 of 2007 case be considered compassionately for grant of pension since he has already put in 16 years of service.

3. We have perused the confidential file produced by the respondents. It shows that the petitioner had indeed pleaded guilty to the charge, which is further supported by a statement of the complainant, recorded in Devnagari on 20th September, 2006. Therefore, this Court is of the view that the charge was of serious nature i.e. attempting to rape a lady. The guilt was admitted. There is no cause for any leniency in such matters, especially for the petitioner who belonged to a disciplined security force, at the time of the attempt of a most heinous and abhorrent crime. This heightens the gravity and ramification of the charge and the proven crime. It needs to be dealt with sternly, swiftly and in an exemplary manner to deter such incidents in future as well as to uphold the basic ethos and values of a security force. The petition is without merit and is accordingly dismissed.

NAJMI WAZIRI, J. SEPTEMBER 25, 2014 KAILASH GAMBHIR, J. ak