Suicide attempt by BSF man; HC rejects plea for reinstatement

"If committing suicide was a reasonable consequence of one's love being betrayed, one would have found millions and millions of persons committing suicide, but we find extremely stray cases which if reduced to a percentage would be less than a fraction of a fraction," Justices Pradeep Nandrajog and Suresh Kait said.

The court disallowed the plea of Delhi-based sacked constable of BSF Sachin Kumar, who had attempted suicide on May 19, 2009, after his affair broke up, that he be reinstated in the force.

"What if when he felt extremely depressed on his love being betrayed, petitioner (Sachin) was on duty with his service weapon! The consequences are not difficult to foresee. He could have shot himself and in the process the person in his neighbourhood as well," the court said justifying the action of BSF to remove him from the service.
The court, however, modified the order of disciplinary authority of the BSF by asking it to interchange the word "removal" with the "dismissal" as it would allow the sacked constable to seek a job outside the forces.

"We agree that the petitioner would be unfit to serve in a Central Para-Military Force but we water down the penalty from one of dismissal from service to removal from service for the reason the penalty of dismissal from service would be a bar for him to seek public employment and the penalty of removal from service is not a bar from seeking public employment. If he could find a job which does not require him to carry arms, it should be fine for him," the bench said.

The sacked constable said the sentence of dismissal was disproportionate as a person who attempts suicide has to be treated with compassion and not punished.

He also said "being under severe mental distress on account of his heart throb having broken off her relationship with him, in a state of depression he consumed 25 tablets of multivitamins and proteins Forte tablets."

"Had it been an ordinary service that is a ministerial job, one could have looked in the other direction but as a constable with the Border Security Force, the petitioner would be armed with arms and ammunitions in the discharge of his duties and if he has shown a suicidal tendency, it needs to be considered whether BSF was justified in dismissing him," the court said

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