Anil Kumar Upadhyay was serving as a Head Constable (Ministerial) in 15th Battalion of Sashastra Seema Bal, Bongaigaon. He was charged under Section 43 of The Shashastra Seema Bal Act, 2007 for entering Mahila Barrack at around 00:15 AM on intervening night of 14th-15th April, 2013. He was imposed punishment of ‘removal from service’.
His entering may have been to meet Female Constable, Rupasi Barman. But, such an indisciplined conduct, compromising security of occupants of Mahila Barrack, cannot be tolerated. He was expected to have control over his mind and passion [Union of India v. Diler Singh, (2016) 13 SCC 71].
It was not open for Learned Single Judge of Gauhati HC [*Hon’ble Justice Hrishikesh Roy*] to interfere with punishment imposed. What weighed with Learned Single Judge was, Female Constable, Rupasi Barman, who was also subjected to disciplinary proceedings, was inflicted with a lesser punishment. Learned Single Judge did not appreciate, misconduct committed by a Male Head Constable cannot be equated with misconduct committed by a Female Constable. Even otherwise, merely because one employee was inflicted with a lesser punishment cannot be a ground to hold punishment imposed on another employee as disproportionate, if in case of another employee higher punishment is warranted.
Division Bench of High Court was absolutely justified to set aside Learned Single Judge’s Judgment.
– Hon’ble Justice M.R. Shah, Anil Kumar Upadhyay v. Director General, Sashastra Seema Bal, [Civil Appeal No. 2707 of 2022].