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BSF Officer Slaps Superior 3 Times, SC Says Sack Him

A bench led by Justice Madan B Lokur allowed the BSF's appeal, and said Kumar must lose his job for what he has done since dismissal was a punishment proportionate to his misconduct.

Utkarsh Anand | CNN-News18

Updated:November 21, 2017, 3:46 PM IST
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BSF Officer Slaps Superior 3 Times, SC Says Sack Him
A view of the Supreme Court building.
New Delhi: Time was running out for BSF officer Anil Kumar. With his train scheduled to depart at 16.50 from New Delhi Railway Station, Kumar felt extremely agitated as his superior had still not readied his leave papers.

And so, Kumar slapped his superior, an Inspector-level officer in BSF, three times. The consequences followed. Kumar was held guilty of gross misconduct in a disciplinary inquiry and was sacked.

But the Delhi High Court had a surprise in store. Last year, it set aside the BSF authority's order of Kumar's dismissal and reinstated him.

According to the HC, the punishment handed out to Kumar, who was deployed as a wireless operator when he slapped the Inspector thrice on August 31, 2013, was disproportionately excessive. Punishment has to be tempered with mercy, held the HC.

BSF was taken aback by the HC's view, and feared this will set a wrong precedent in a force that must show exemplary discipline. It thus filed an appeal in the Supreme Court to get the removal order restored.

The apex court has now backed the BSF, saying a force must comprise disciplined men and not rogue elements who do not care about hierarchy at all.

A bench led by Justice Madan B Lokur allowed the BSF's appeal, and said Kumar must lose his job for what he has done since dismissal was a punishment proportionate to his misconduct.

"For a person belonging to the Border Security Force, who has taken the law in his own hand and slapped the superior officer three times, the offence has to be dealt with seriously," held the top court.

The bench faulted the HC order, saying the HC failed to specify any reason why the punishment against Kumar is disproportionate to the allegation made and proved.

And hence, Kumar's dismissal for service got a stamp of the apex court.
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