SC for dismissal of BSF constable for assaulting senior

The Supreme Court has restored an order of dismissal of a Border Security Force (BSF) constable, who had assaulted his senior officer with a rifle butt, taking a stern view of the misconduct by the member of a "disciplined force".

The top court, which upheld the departmental punishment for the constable and set aside the August 2015 verdict of the Delhi High Court, referred to an earlier judgement delivered by the apex court in a similar matter in which it was held that assaulting a superior officer should attract severe penalty.

"We are in agreement with the view expressed (in the earlier verdict), more particularly in a case as the present, where the respondent (BSF constable) belonged to a disciplined force and used the butt of the rifle for injuring a superior officer very seriously," a bench of justices Madan B Lokur and Deepak Gupta said.

The top court set aside the August 2015 verdict of the Delhi High Court which had partly allowed the plea filed by the constable against the punishment of dismissal from service and reduced it to stoppage of three increments.

The apex court, in its recent order, held that the high court had been "far too liberal" in reducing the penalty.

The high court had also ordered his reinstatement after which the Centre had moved the apex court challenging the verdict.

The top court noted in its order that in February 2000, the constable had entered into a scuffle with his superior officer after which a charge sheet was issued to him.

Later, following a departmental enquiry, it was decided that he should be dismissed from service.

The bench, while referring to the serious nature of injuries sustained by the senior officer, observed that the "high court was far too liberal in reducing the penalty of dismissal to that of stoppage of three increments".

"Under the circumstances, we set aside the order passed by the high court and restore the departmental punishment of dismissal from service on the respondent (constable)," the bench said.

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