High Court of Delhi was dealing with the petition filed seeking directions to Respondent No.1 and 2 to stay the Staff Court of Inquiry [‘SCOI’] proceedings by quashing the convening order dated 16th November 2021.
Brief Facts:
Petitioner, stated that the complainant sent an email dated 11th October 2021 to the Respondents alleging outraging of her modesty, sexual harassment, rape and voluntarily causing hurt by the Petitioner. He points out that subsequently, a departmental inquiry by way of an SCOI, has been initiated and the petitioner has been summoned by the Inquiry Officer.
He stated that on 05th December 2021, the Petitioner was informed that an FIR dated 02nd December 2021 has also been lodged against him under Section 354 IPC. The petitioner herein is prejudiced due to an ongoing departmental inquiry against him on the ground of sexual molestation and assault, while a police investigation on identical allegations and facts is going on. He emphasises that the complainant is a private citizen who is not governed by the BSF Act and Rules, 1968 and has already availed of her legal remedies by filing an FIR against the Petitioner.
HC’s Observations and Held:
After hearing both the sides Court found that the respondents have only appointed a Court of Inquiry under Rule 173 of the Border Security Force Rules, 1969. The Court of Inquiry is nothing more than a fact-finding body. Its findings shall be in the nature of a preliminary report which shall facilitate the BSF in deciding its future course of action.
HC observed that no departmental proceeding has been initiated against the petitioner at this stage. Further, the petitioner at this stage is not an accused and, in the event, he is of the view that he is likely to be arrayed as an accused, it shall be open to him to exercise his right of silence. Court stated that by appointing a Court of Inquiry, no prejudice has been caused to the petitioner and Section 47 of the BSF Act has not been violated.
Bench: Hon'ble Mr. Justice Manmohan and Hon'ble Mr. Justice Navin Chawla
Case Title: Hansa Dutt Lohani v. DG BSF And Ors.
Case Details: W.P.(C) 3253/2022 & CM APPLs.9427-9428/2022
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