HC restores benefits to CISF cop after secret wedding fallout

S Shyam Prasad | NT

Bengaluru: The High Court of Kar nataka has restored the service benefits of a 32-year-old sub-inspector of the Central Industrial Security Force (CISF) from Bihar and working in Kempegowda International Airport, Bengaluru after it found that his absence from duty was because of domestic problems with his parents after he had secretly married.

Justice NS Sanjay Gowda in his recent judgement setting aside the order of the disciplinary authority withholding the benefit to Joginder Singh said considering the facts, the authorities should have taken a lenient view of his unauthorized absence for 30 days.

“The Disciplinary Authority, as well as the Appellate Authority and the Reviewing Authority, have not considered the matter in the proper perspective and have taken a completely incorrect approach in coming to the conclusion that the petition was unauthorizedly absent. In such matters, the authorities are required to adopt a humane approach rather than take a hyper-technical approach,” the HC said.

On September 8, 2012, Singh had applied for leave stating that his father was seriously ill.

He was granted leave and told to report for duty on September 22, 2012 and was also told to submit his father’s health documents. Singh subsequently sought extension of leave for one more month.

He stated that his marriage was fixed for October 1, 2012. Singh reported for duty on October 21, 2012.

He claimed that his father had pretended to be seriously ill and summoned him after coming to know that he had secretly married on July 7, 2012.

He managed to convince his family members about his love marriage and they performed the wedding again officially on October 2, 2012 and therefore he was absent.

However the authorities took exception to his unauthorized leave and declared that it was “tantamount to gross dereliction and negligence towards his duties,” and issued a charge sheet.

Singh approached the HC in 2013 with the petition. The judgement was passed recently.

The HC said that Singh’s absence could not be considered to misconduct and it would be impossible for him to submit the certificate of his father’s illness given the circumstances.

“The petitioner clearly stated that he was summoned to his house by his family members by falsely stating that his father was seriously ill. If the petitioner contended that he was summoned to his house on false pretenses, the expectation of the respondents that the petitioner should submit a Medical Certificate certifying his father’s illness, would be untenable,” the HC said.

Quashing the order of punishment and ordering for the reimbursement of all benefits within two months, the HC said, “In the light of the explanation given by the petitioner that his family was annoyed with him because he had got married secretly and he, ultimately, persuaded them to agree to the marriage that he had already undertaken, the respondents ought to have accepted his explanation and ought not to have initiated a proceeding,” the HC said in its judgement. (WP 4984/2015)