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regular-article-logo Thursday, 25 April 2024

No moral policing, Supreme Court tells cops

Apex court upholds disciplinary authority’s order directing the removal of a CISF constable from service on charges of misconduct

Our Legal Correspondent New Delhi Published 20.12.22, 03:24 AM
Supreme Court of India

Supreme Court of India File picture

The Supreme Court on Monday said police officers didn’t need to indulge in moral policing as it upheld a disciplinary authority’s order directing the removal of a CISF constable from service on charges of misconduct.

A bench of Justice Sanjiv Khanna and Justice J.K. Maheshwari set aside a 2014 Gujarat High Court order that had directed the reinstatement of Santosh Kumar Pandey with 50 per cent back wages from the date of his removal.

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The case dates back to October 28, 2001 when Pandey was posted on night duty at the Greenbelt area of the IPCL Township in Gujarat’s Vadodara.

Around 1am, Pandey allegedly accosted complainant Mahesh B. Chaudhry and his fiancée who were passing on a bike and had stopped at a street corner.

According to the complaint, Pandey took advantage of the situation and told Chaudhry that he wanted to spend “some time” with his fiancée.

Following an altercation, the couple left the place but Chaudhry had to hand over his wristwatch to Pandey.

Based on Chaudhry’s complaint, departmental proceedings were initiated against Pandey and he was removed from service.

However, Gujarat High Court quashed Pandey’s dismissal in 2014 and directed his reinstatement on the ground that there were inconsistencies in the woman’s statement. The CISF then moved the apex court.

The Supreme Court said the high court had not evaluated the evidence and the statements of the couple properly. “...We have to observe that the facts in the present case are startling and distressing. ... Santosh Kumar Pandey is not a police officer, and even police officers are not required to do moral policing, ask for physical favour or material goods.”

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