The Delhi High Court has ordered the reinstatement of a CISF constable who was dismissed from the force 15 years ago on the Independence Day for not resuming his duties on time after a two-day leave, saying the action was "unjustified and deserves to be quashed".
The court observed that the constable Abrar Ali, had returned to duty just a few hours late from the stipulated time and that he had been implicated in a case of abduction and rape and "in such a situation any prudent person can lose his mental balance to take any sensible and rational decision" and this is what happened in the instant case.
A bench of justices Kailash Gambhir and Najmi Waziri also noted that even the appellate and revisional authorities were of the view that the charges under Article of Charge II, that he was involved in a case of abduction and thus maligned the image of the force, was not necessitated.
"Still the petitioner was visited with a punishment that was unwarranted. Such punishment shakes the edifice of justice and fair play. One cannot also lose sight of the fact that the petitioner had reported back on duty on August 15, 1999 itself which was as per his sanctioned leave, even though he was just a few hours late.
Moreover, the petitioner did not willingly absent himself from duty; instead he was taken ill and was advised bed rest by the doctor. Moreover the trial court also acquitted the petitioner giving him a clean chit and also held that the prosecution utterly erred in bringing home the charges levelled against him.
"Thus, we are of the view that the petitioner should not be made to suffer such a punishment which is shockingly disproportionate compared to his conduct; we don't find any coherent and cogent reason to hold him guilty," it said, in its verdict delivered on Ali's plea challenging his dismissal from service.
