Back
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
RAGHVENDRA S. CHAUHAN, J.
SRI VIKAS VERMA AND ORS. - PETITIONERS
Versus
UNION OF INDIA TO BE REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA AND ORS. - RESPONDENTS
WRIT PETITION Nos. 12681-12685/2016 C/W WRIT PETITION Nos. 8694-8696/2016 (S-DIS)
Decided On : 08-08-2017
CENTRAL INDUSTRIAL SECURITY FORCE ACT, 1968 – Section 8 – Dismissal from services – For offence of raping and blackmailing wife of Central Industrial Security Force (CISF) Constable – In instant case, complaint was filed against officers of Central Industrial Security Force (CISF) for allegedly raping and blackmailing wife of CISF Constable. Disciplinary Authority did not conduct disciplinary inquiry and denied them right of hearing.
Disciplinary Authority has considered setting where alleged misconduct had taken place: employees live in close proximity to each other. While families are allotted Government accommodation, bachelors are housed in Barracks. But Government accommodation and Barracks exist within unit campus. Secondly 50% of personnel are not allowed to keep family in duty station. Therefore, even married persons have to live like bachelors. Thirdly, many CISF personnel are required to stay away from place of posting, thus leaving families alone in Unit campus. Fourthly, since a wife of a fellow Constable was subjected to blackmailing, and sexual abuse, it was an inhumanly act. Fifthly, in case, information relating to alleged misconduct were to spread on campus, it would have "serious psychological impact resulting in insecurity in minds of CISF personnel and their families". Sixthly, that psychological insecurity would undermine efficiency of Force. Seventhly, it would lead to administrative difficulties as personnel have necessarily to be assigned night duties, or duties away from unit. Lastly, holding of a detailed departmental enquiry would adversely affect discipline of Force in general. It is duty of Disciplinary Authority to maintain morale and discipline of unit. Any act which would create psychological insecurities in mind of personnel, or which would corrode cohesiveness and unity within Force, or which would undermine discipline of Force, such an act must be avoided. Therefore, Disciplinary Authority has given cogent and legal reasons for dispensing with detailed departmental enquiry.
CENTRAL INDUSTRIAL SECURITY FORCE ACT, 1968 – Section 8 -Dismissal from service – Delay in filing complaint – Offence of raping and blackmailing wife of Central Industrial Security Force (CISF) Constable – It cannot be said to be fatal to dilute veracity of her complaint.
CENTRAL INDUSTRIAL SECURITY FORCE ACT, 1968 – Section 8 – Dismissal from service – Offence of raping and blackmailing wife of Central Industrial Security Force (CISF) Constable – Plea that at time of preliminary inquiry, opportunity of cross- examination not given – Preliminary inquiry is fact finding inquiry – Opportunity of cross-examining witnesses cannot be given to delinquent officer at this stage.
CENTRAL INDUSTRIAL SECURITY FORCE ACT, 1968 – Section 8 – Dismissal from service – Offence of raping and blackmailing wife of Central Industrial Security Force (CISF) Constable – Plea of delinquent officer that medical evidence not revealing possibility of sexual abuse – Medical evidence having shelf life of 48-72 hours – Medical examination of complainant carried out after delay of one month – Lack of medical corroboration does not dilute veracity of complainant's testimony – Plea of delinquent officer, held, not tenable.
INDIAN EVIDENCE ACT, 1872 – Section 114(g) – Non-production of document – Adverse inference – Dismissal from services – Complaint filed against officers of Central Industrial Security Force (CISF) for allegedly raping and blackmailing wife of CISF Constable – Allegations of calling late at night to complainant made against officers – During inquiry, officers refusing to produce call records required to prove their defence – Adverse inference can be drawn against officer refusing to furnish call details.
Aggrieved by the order dated 02.08.2015, and by order dated 27.11.2015, the petitioners have approached this Court. By the former order, the petitioners were discharged from service of Central Industrial Security Force ("CISF", for short). By the latter order, the Deputy Inspector General, CISF (South Zone), Chennai, the respondent No.4, dismissed the departmental appeal filed by the petitioners, and upheld the dismissal order.
2. In short, the facts of the case are that the petitioners were serving as Constables with the CISF Unit. In 2015, they were posted at the Bharatiya Reserve Bank Note Mudrana in Mysuru. During their tenure in Mysuru, a Constable's wife filed a complaint against the petitioners. The name of the complainant is being withheld. She shall be referred to as 'the complainant'. The complainant alleged that she was blackmailed, repeatedly raped by eight constables belonging to the CISF Unit mentioned hereinabove.
3. According to her complaint, she was residing in government quarter No.B-408, along with her children. During March and April, 2015, Constable Vikas Verma, the petitioner No.1, introduced himself as her husband's friend. Since he was working in the Unit's Mess, during the absence of her husband, he offered to bring things from the market for her, as he used to visit the market frequently for procuring the goods for Unit Mess. Using this offer, he managed to obtain her cell phone numbers. She further claimed that while her husband was on leave for twenty days during March and April, 2015, initially, he would call her up, late at night, and would talk about her general health and family. But subsequently, he started talking about sexual matters. When her husband would be on night duty, he would call her around 11:00 P.M. and talk about sexual matters. One day, she does not remember the exact date and time, he called her at 10:00 A.M. and expressed his desire to have physical relationship with her in the night. Around 1:30 A.M., he called her up and told her that he is waiting outside her house. If she does not have physical relationship, he would reveal all the telephonic conversation he had with her, to her husband. For he had recorded her telephonic conversation with him. Fearing for her family life, she opened the door. He entered the house and forcibly raped her. He left the house around 2:00 A.M. Thereafter, he kept on calling her frequently. A week later, he told her to meet him at the CISF parade ground. She reached the parade ground around 7:00 P.M. He forcibly dragged her into the bushes, and raped her again. According to her, all these incidents happened prior to 23.05.2015, when her husband was not in the station. After her husband came back, there was no call from Vikas Verma for about twenty days.
4. She further claimed that on 06.06.2015, Constable Ankush Punia, petitioner No.2, and another Constable V.K. Tiwari, were out on night duty. They called her and told her that they knew about her illicit affair with Vikas Verma. In case, she did not open the door of her house, they would disclose her illicit affair to everyone. She opened the door. They were in their uniform when they entered the house. Both of them dragged her into a room, and raped her one by one until 2:30 A.M.
5. Thereafter, she claims that Constable Chandan Kumar also contacted her, blackmailed her about her physical relationship with Vikas Verma, Ankur Punia, and V.K. Tiwari. He called her to the parade ground where he raped her.
6. On another day, she does not remember the date, Pinku Kumar, petitioner No.3, called her and told her that he got her number from Ankur Punia. He blackmailed her about her illicit physical relationship with other Constables, and threatened her that he would disclose these facts to everyone. He also came to her house, and raped her.
7. Three or four days later, on 18.06.2015, at about 1:30 A.M., Constable V.K. Tiwari had called her and blackmailed her. He came to her house with Constables Rahul
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
