HC upholds dismissal of CISF constable

The Madras High Court has upheld the dismissal of a Central Industrial Security Force (CISF) constable on the charge of sexually harassing a minor daughter of one of his colleagues, saying being a member of such a force he should maintain higher degree of morality.
A division bench, comprising Justice N.Paul Vasanthakumar and Justice M.Sathyanarayanan, endorsed the dismissal order passed by the Director General of CISF and dismissed the petition by constable B M Sanjeeva challenging the action.
"The petitioner, being a member of the disciplined force, should maintain higher degree of morality and the action of the petitioner in misbehaving with a 11-year old cannot be treated as flimsy charge for imposing lenient punishment," it held.

Sanjeeva, who joined CISF in May 1999 as a constable, was issued a charge memo in June 2009 for allegedly teasing the girl when she and her brother were waiting in the staircase of the CSIF quarters.
In his written reply to the memo, Sanjeeva denied the allegation and submitted he only touched the cheeks of both children and did not misbehave with them.
The CISF Disciplinary Authority, not satisfied with the reply, had imposed the punishment of reduction of scale of pay for a period of five years and a freeze on increments during the period.

Aggrieved, Sanjeeva approached the appellate authority which held the punishment was not proportionate to the gravity of charge and enhanced it by dismissing him from service.

The constable moved the high court with a prayer to set aside the dismissal order and reinstatement with all monetary and consequential benefits.
The counsel for the petitioner argued that since the allegation was of sexual harassment, the Disciplinary Authority have no jurisdiction to inquire the same and and it should have been done by the Complaints Committee.
Dismissing the petition, the bench said "none of the grounds raised by the petitioner is found to be accepted by this court. There is no illegality in the order passed by the Appellate Authority in enhancing the punishment to dismissal.