The Delhi High Court has overturned the compulsory retirement of a Central Industrial Security Force (CISF) officer, stating that the disciplinary action taken against him for alleged sexual misconduct was unjustified. The court found that the enquiry process leading to the officer’s retirement was unwarranted. Former Assistant Commandant R.S. Yadav was compulsorily retired following a complaint by a woman constable during his posting at the CISF unit in West Bengal.
The court highlighted that despite being cleared in two preliminary enquiries and a review report, a third preliminary enquiry, which was essentially the fourth, was initiated against the officer. The bench criticized the authorities for not concluding the matter earlier, noting that the allegations seemed more like vengeance than genuine harassment. The court deemed the subsequent disciplinary proceedings and compulsory retirement as disproportionate.
In its judgment, the Delhi High Court emphasized that the evidence against the officer was solely based on the complainant’s oral assertions without credible corroboration. It pointed out inconsistencies in the complaint, such as the lack of clarity on dates of the alleged incidents. The court also raised the possibility of the complaint being motivated by a warning issued to the complainant.
Considering the long duration since the incident and the officer’s age of 72, the court decided to restore his honor by annulling the compulsory retirement order. The court directed that the officer be considered in service until his superannuation age for pension calculation purposes, without payment of arrears. The petitioner, not seeking monetary benefits, was granted relief by the court.
