Knocking on the door of a woman at odd hours asking for a lemon is preposterous, the court said.
Knocking on the door of a woman at odd hours asking for a lemon is preposterous and unbecoming of a CISF personnel, the Bombay High Court said refusing to quash the penalty imposed on him for misconduct.
A division bench of Justices Nitin Jamdar and M M Sathaye in its order of March 11 said the petitioner constable of the Central Industrial Security Force (CISF) had consumed alcohol before the said incident and was also aware that his colleague, the woman's husband, was away on election duty in West Bengal.
The court was hearing a petition by Arvind Kumar (33), posted at BPCL (Bharat Petroleum Corporation Limited) in Mumbai at the time of the incident, challenging the action taken by his superiors in CISF between July 2021 and June 2022 imposing a penalty on him for misconduct.
Mr Kumar's salary was reduced for three years during which he would also not get any increment as punishment.
It was alleged that on the intervening night of April 19 and April 20 of 2021 in the official residential quarters, Mr Kumar knocked on the doors of his neighbour's house in which the complainant woman and her six-year-old daughter lived.
The woman said she got afraid and informed Mr Kumar that her husband was away on duty in West Bengal and hence he should not trouble her. Mr Kumar left from there only after being warned and threatened by the woman.
Mr Kumar in his defence claimed that he was feeling unwell and had knocked on the neighbour's door only to ask for a lemon.
The bench in its order noted that the petitioner had consumed alcohol before the incident and was also aware that the complainant woman's husband was not present at home at the time.
"The action of the petitioner of knocking on neighbour's door knowing that the man in the house is absent, the same being occupied by a lady with her six-year-old daughter and that too for a frivolous reason of getting a lemon for a so called medical emergency of stomach upset, is preposterous to say the least," high court said.
The conduct of the petitioner was "certainly unbecoming of an officer" of a force such as the CISF, the court said dismissing Mr Kumar's petition.
"In our considered view, the intention of the petitioner is certainly not found to be as genuine and clear as alleged," the court said.
The bench also refused to accept Mr Kumar's contention that the incident does not amount to misconduct as he was not on duty at the time of the alleged incident and said the Central Civil Service (Conduct) Rules require him to maintain integrity and do nothing which would be unbecoming of a government servant at all times.
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