Pradip Kr. Modak v. Union of India & Ors. - (High Court of Calcutta) (20 May 2016)

CISF constable’s dismissal for unprovoked aggression at DMRC station upheld

MANU/WB/0409/2016

Criminal

CISF personnel posted at DMRC metro station held to have been rightly dismissed for behaving rudely with and assaulting a person in plain clothes.

The court recorded that the conduct of the Petitioner-CISF personnel was aggressive and there was little in the record to suggest provocation by the other person. Incidentally, the ‘other person’ was himself plain clothes CISF personnel. Though neither of the parties were examined, the court noted evidence from civilian passengers and CCTV footage, which proved beyond doubt his guilt.

Though it considered a more lenient view to the matter, the same was abandoned with Justice Ahluwalia noting, “he is a trained member of a disciplined Force…in full uniform himself, in a public place…[his] behaviour has tarnished the image of the Force at large”.

The court also had to brush away questions regarding its jurisdiction, for the incident occurred in Delhi. It observed that its jurisdiction was satisfied since the Order for dismissal was served on the Petitioner in his native village in West Bengal.

Relevant : General Manager, Eastern Coalfields ltd. & Anr. v. Rajender Singh & Ors. MANU/WB/0103/2003 Section 9 Central Industrial Security Force Act, 1968

Tags : DMRC CISF UNPROVOKED DISMISSAL FROM SERVICE