"Unbecoming Conduct": Bombay HC Upholds Action Against CISF Constable Who Knocked On Female Neighbour's Door After Consuming Alcohol, To Ask For 'Lemon' In Her Husband's Absence

The Bombay High Court has upheld the disciplinary action taken against a Central Industrial Security Force (CISF) constable for knocking on the door of a female colleague's quarters late at night for lime, terming his conduct as "unbecoming of a government servant."

The court rejected the constable's claim that the actions were not in the course of duty and therefore, the incident does not amount to misconduct under Rule 1.3(1) of the Central Civil Service (Conduct) Rules, 1964.

A division bench of Justices Nitin Jamdar and MM Sathaye dismissed the writ petition filed by Arvind Kumar, a CISF constable, challenging the orders imposing a penalty of reduction in pay for his “misconduct.” It said:

“The action of Petitioner of knocking on neighbor's door knowing that the man in the house is absent, the same being occupied by a lady with her six year old daughter and that too for a frivolous reason of getting a lemon for so called medical emergency of stomach upset, is preposterous to say the least. The conduct of the Petitioner is certainly unbecoming of the officer of the force such as CISF. In our considered view, the intention of the Petitioner is certainly not found to be as genuine and clear as alleged.”

The incident is from April 19, 2021. Kumar knocked on the door of a female CISF officer's residential quarters around midnight, when her husband, another CISF constable, was away on election duty. The charge against Kumar stated that his behavior frightened the woman who threatened him and he left for his residence on the same floor.

It was stated that this amounted to harassment, gross indiscipline, and misconduct, tarnishing the image of the force.

After a departmental inquiry, where eight witnesses were examined, the Senior Commandant of the CISF Unit, BPCL, Mumbai, imposed a penalty on Kumar, reducing his pay by three stages from Rs. 27,600 to Rs. 25,200 for three years, effective July 1, 2021. The order also directed that Kumar would not earn increments during the reduction period, and on the expiry of the said period, the deduction would postpone his future increments.

The order was upheld right up by the IG CISF.

According to Rule 1.3 of the said Rules– CISF pointed out that it is required that 'every government servant shall at all times' maintain absolute integrity; maintain devotion to duty; and do nothing unbecoming of a government servant.

After perusing the record, the court noted that the constable admitted knocking on his neighbour's door around midnight between 19 & 20 April 2021. He also admitted he had consumed alcohol. While he had claimed he also knocked on another neighbour's door for lemon, the neighbour testified in the negative.

"Rule 1.3(1) of the said Rules requires the Petitioner to maintain integrity and do nothing which is unbecoming of a Government servant 'at all times'. In that view of the matter, there is no merit in the said submission."

The High Court dismissed the writ petition, upholding the disciplinary action taken against the CISF constable for his misconduct.

Case Title - Arvind Kumar vs Laxmi Sanjay Nikam

WRIT PETITION NO. 5151 OF 2023

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