New Delhi: In a landmark ruling, the Delhi High Court has quashed a 20-year-old order of compulsory retirement against a Central Industrial Security Force (CISF) officer, now 72 years old, who had been terminated in 1998 over allegations of sexual harassment. The court ruled that the complaint made by a woman constable “reeked of vengeance rather than genuine harassment.”
Court Finds Allegations Motivated and Probes Flawed
The court noted that even though the officer, then Assistant Commandant R S Yadav, had been cleared three times in earlier inquiries, senior officers constituted yet another preliminary probe to hold him guilty and terminate his service.
The verdict highlighted that the complainant’s letter “was motivated or actuated by some ulterior motive, maybe because of the fact that the petitioner initiated action against her. The possibility that the exaggerated, if not false, complaint was filed because of the warning issued to her cannot be ruled out.”
Restoration of Honour and Pension
The court emphasized the importance of restoring Yadav’s dignity, given that 25 years have passed since the original order. The judgment stated:
“We feel that the least we can do is to restore his honour, which according to us, was destroyed by the action of ordering ‘compulsory retirement.‘”
Yadav had stated that except for restoring his honour, he was not seeking any monetary gains and would remain satisfied with the existing pension or benefits he was already receiving.
Deemed Service Until Superannuation
The High Court directed that Yadav shall be deemed to have served in CISF until the age of superannuation. The period between the date of compulsory retirement and the date he would have reached superannuation will be notionally counted in his service.
- His pension will be revised accordingly
- He will not receive arrears, but will be entitled to consequential revised pension
This decision effectively restores his honour and service record while adjusting his pension benefits to reflect the period lost due to the wrongful retirement.
Significance of the Verdict
The ruling is a rare instance where a senior court has corrected a decades-old administrative action, emphasizing the need to ensure that allegations of misconduct are genuine and not driven by ulterior motives. The judgment also underscores the judiciary’s commitment to protecting the dignity and service rights of government officers.
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