Using swear words no crime, court rules
Orders reinstatement of constable sacked in 2002 for using abusive language with superior
New Delhi: Using expletives and abuses while talking to a colleague is common among jawans and is, therefore, not a valid ground for dismissal from service, the Delhi High Court has ruled and ordered reinstatement of a CISF trooper who was dismissed for using cuss words with a senior.
The ruling was given by a division bench of Justice Pradeep Nandrajog and Justice Suresh Kait on a petition of Krishna Pal Singh, a constable dismissed from the Central Industrial Security Force (CISF) Unit IOC, Panipat. "The experience of life resolves more than the logic of the law. Our experience guides us that the jawans do speak street language while communicating with each other and liberally spice queries with abuses," the bench observed in its ruling Wednesday.
The ruling came relating to an incident on December 16, 2002, when Krishna Pal Singh was involved in a spat with his senior, Sub Inspector R.L. Pandit, who was the shift in-charge of the CISF Unit IOC, Panipat.
While Singh alleged that Pandit triggered the spat and slapped him, the latter has alleged that it was Singh who abused and assaulted him.
A preliminary inquiry was conducted and Singh was suspended with immediate effect December 17, 2002.
Feeling unwell
Singh told the inquiry panel that on December 16, 2002, he was not feeling well and when his duty was over at 2100 hours and his reliever did not arrive he contacted Pandit over the telephone and wanted to know why the reliever had not come.
"Krishna (Pal Singh) was told by Pandit that he had requested head constable Davender Kumar to look after his post till a reliever was sent," states the petition. Accordingly he left the duty place when Kumar came and went to Gate No1 where Pandit abused him by swearing in the name of his mother, he alleged.
However, after an inquiry, Singh was given the penalty of compulsory retirement with full pensionary benefits.
The Delhi High Court bench, in its observation, said, among other things that: "Evidence suggests a mutual fight between Pandit and the petitioner which was triggered at the instance of Pandit".
