The Supreme Court recently observed that police officers are not required to conduct moral policing while upholding the dismissal of a CISF personnel who was found to have harassed a couple at night.

The Court was hearing an appeal filed by the Central Industrial Security Force against a Gujarat High Court decision ordering the reinstatement of a CISF officer named Santosh Kumar Pandey, who was fired for misconduct.

A bench comprising of Justices Sanjiv Khanna and JK Maheshwari objected to the High Court decision, saying "it fails to take notice and properly apply the law of judicial review".

"The conclusions of fact, which are based upon evaluation and appreciation of evidence, when meticulously reached by the authorities, should not be interfered with merely because the court may have reached at a different conclusion", The Supreme Court observed. The Court also stated that the woman's statement cannot be interpreted as exonerating the officer simply because she claimed she did not hear the conversation. "She was a young girl and it is obvious would have felt anxious and awkward. It is understandable as she would not have liked being subjected to personal and private questions. These are facts of life that have to be accounted for when we evaluate and pass judgments. A holistic and pragmatic approach is required, especially when the Evidence Act is not applicable; and even where the Evidence Act applies, the enactment gives discretion on matters of evaluation, analysis and appraisal of evidence".

As regards the proportionality of the punishment, the Supreme Court said that the facts of the case are "startling and distressing".

"We have to observe that the facts in the present case are startling and distressing. Respondent No. 1 – 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".

The High Court decision was overturned, and the dismissal punishment was restored.

Case details:-

CIVIL APPEAL NO. 8671 OF 2015
CISF AND OTHERS ... APPELLANTS
VERSUS
SANTOSH KUMAR PANDEY ... RESPONDENT

Read the complete judgment:-

https://main.sci.gov.in/supremecourt/2015/18980/18980_2015_8_1501_40636_Judgement_16-Dec-2022.pdf