According to the court, knocking on a woman's door at odd hours and asking for a lemon is ridiculous.
Mumbai:
Knocking on a woman's door at odd hours and asking for a lemon is ridiculous and unbecoming of CISF personnel, the Bombay High Court has said, refusing to quash the punishment imposed on him for misconduct.
A division bench of Justices Nitin Jamdar and MM Sathaye in its March 11 order said that the petitioner Central Industrial Security Force (CISF) constable had consumed alcohol before the said incident and was also aware that his colleague, the the woman's husband was gone. on election duty in West Bengal.
The court was hearing a petition by Arvind Kumar (33), stationed at BPCL (Bharat Petroleum Corporation Limited) in Mumbai at the time of the incident, challenging the action taken by his superiors at CISF between July 2021 and June 2022 involving a fine was imposed on him for misconduct.
Mr Kumar's salary was reduced for three years, during which time he would also receive no pay increase as punishment.
It was alleged that on the intervening night of April 19 and 20, 2021, Mr Kumar knocked on the door of his neighbor's house in the official residential area, where the complainant woman and her six-year-old daughter lived.
The woman said she got scared and told Mr Kumar that her husband was on duty in West Bengal and so he should not bother her. Mr Kumar left there only after being warned and threatened by the woman.
Mr Kumar claimed in his defense that he was not feeling well and had only knocked on the neighbor's door to ask for a lemon.
The court in its order noted that the petitioner had consumed alcohol before the incident and was also aware that the complainant's husband was not present at home at the time.
“The petitioner's act of knocking on the neighbor's door knowing that the man in the house is absent while it is occupied by a lady with her six-year-old daughter and that too for a frivolous reason to buy a lemon for a while calling it a 'medical emergency of stomach upset' is ridiculous to say the least,” the Supreme Court said.
The petitioner's conduct was “certainly unbecoming of an officer” of a force like the CISF, the court said, dismissing Mr Kumar's petition.
“In our considered opinion, the intention of the petitioner has certainly not been shown to be as genuine and clear as alleged,” the court said.
The court also refused to accept Mr Kumar's contention that the incident does not amount to misconduct as he was off duty at the time of the alleged incident, saying the Central Civil Service (Conduct) Rules require him to maintain his integrity and not to do anything that might mean that. be at all times unbecoming of a public servant.
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