Ct. Keshav Dev vs Uoi & Ors.
2014 Latest Caselaw 4835 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                   Date of Decision: 25.09.2014

+      W.P.(C) 5481/2007
       CT.KESHAV DEV                                 ..... Petitioner
               Through:            Mr. L.B. Rai with Mr. Riha Dev, Advs.

                          versus

       UOI & ORS.                                    ..... Respondents
                 Through:          Mr. Ruchir Mishra with
                                   Mr. Mukesh Kr. Tiwari, Advs.

CORAM:
HON'BLE MR. JUSTICE KAILASH GAMBHIR
HON'BLE MR. JUSTICE NAJMI WAZIRI

NAJMI WAZIRI, J.(Oral)

1.     The petitioner seeks setting aside of order dated 4.12.2006 whereby
he was dismissed from service and also of the subsequent order of
18.4.2007 whereby the appeal against the previous order was dismissed.
He seeks reinstatement in service to the post of Constable in BSF, along
with all consequential benefits, as well as continuity of service. The facts
are that a complaint was made on 22.7.2006 that the petitioner had
attempted to outrage the modesty of a lady, namely Ms. Kantha Riang,
resident of Village Sagarpara, Tripura "near Water Point, which is about
100 ft. from Sentry Post of BOP Amar at 1000 hours, when she was on
(her) way to her village". The petitioner pleaded guilty to the charge and
was accordingly dismissed from service.
2.     The learned counsel for the petitioner submits that the petitioner's

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WP (C) No.5481 of 2007                                      Page 1 of 2
 case be considered compassionately for grant of pension since he has
already put in 16 years of service.
3.     We have perused the confidential file produced by the respondents.
It shows that the petitioner had indeed pleaded guilty to the charge, which is
further supported by a statement of the complainant, recorded in Devnagari
on 20th September, 2006. Therefore, this Court is of the view that the
charge was of serious nature i.e. attempting to rape a lady. The guilt was
admitted. There is no cause for any leniency in such matters, especially for
the petitioner who belonged to a disciplined security force, at the time of
the attempt of a most heinous and abhorrent crime. This heightens the
gravity and ramification of the charge and the proven crime. It needs to be
dealt with sternly, swiftly and in an exemplary manner to deter such
incidents in future as well as to uphold the basic ethos and values of a
security force. The petition is without merit and is accordingly dismissed.




                                               NAJMI WAZIRI, J.

SEPTEMBER 25, 2014 KAILASH GAMBHIR, J. ak

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