Married Officer Of Uniformed Service Sending Vulgar Messages To Another Woman Unacceptable: Delhi High Court
The Delhi High Court has observed that the act of a married officer of a uniformed service sending vulgar messages to another woman is unacceptable.
A division bench comprising of Justice Subramonium Prasad and Justice Vimal Kumar Yadav upheld a punishment imposed on a Sub-Inspector (Executive) in CISF over allegations that he sexually harassed a women officer in the same unit by sending her vulgar messages on WhatsApp and also harassing her through mobile calls.
“As correctly pointed out in the enquiry proceedings and the Revisional Authority, the Petitioner being a member of a Uniform Service was already married had no business to indulge in a relationship with other lady and send vulgar messages. This conduct is definitely unbecoming of an officer of a Uniform Force,” the Court said.
The punishment imposed on the office was of reduction of pay for two years with further direction that he will not earn increment of pay during the period of reduction and that on expiry of the said period, the reduction will have the effect of postponing his future increment of pay.
The complainant alleged that during general conversation with her, the officer used to use words like “I love you”, “darling”, etc and so managed to enter her house with mala fide intentions. On the complaint, Departmental Inquiry was conducted and charges were framed against the officer and the punishment was imposed by Enquiry Committee.
The Revisional Authority rejected the plea of the officer, holding that his allegation regarding non-consideration of his defence version was not supported by any specific details and such vague, unspecific and that unsubstantial pleas could not be accepted.
Rejecting the plea, the Bench said that the Departmental Enquiry was conducted after observing the principles of natural justice and that it could not be said that the officer was not given proper opportunity to defend himself.
It added that the Enquiry Authority had considered all the relevant material before holding that the officer was guilty of harassing the Complainant and that the nature of messages were such which could not be accepted from a member of the Uniform Force.
Further, the Court said that the Revisional Authority was of the opinion that the officer being married, was under moral obligation not to indulge in a relationship with another lady and send vulgar messages.
“Applying the law laid down in the catena of judgments, this Court does not find any infirmity in the enquiry proceedings. It cannot be said that the extraneous material has been considered by the Enquiry Committee or that any relevant material has been omitted to be considered. The principles of natural justice have been followed,” the Court said.
Title: KHAJA HUSSAIN v. DIRECTOR GENERAL, CENTRAL INDUSTRIAL SECURITY FORCE & ORS