In Brief
A Head Constable in the Border Security Force was charged under Section 24(a) of the BSF Act 1968 with sexual assault on a junior Constable. The Commandant ordered an additional Record of Evidence to clarify a discrepancy regarding the date of the incident. The SSFC found the respondent guilty and reduced his rank; the Director-General later commuted the punishment. The High Court quashed the proceedings, holding the Commandant lacked jurisdiction to order additional evidence and that the SSFC's failure to furnish reasons invalidated the finding. The Supreme Court allowed the Union's appeal, holding that the Commandant's power to order additional RoE was implicit in the statutory rules and the 2011 amendment was clarificatory, operating retrospectively. The Court also held that Rule 149 does not require the SSFC to furnish reasons when recording findings of guilt, following settled Constitution Bench precedent. The Court emphasized the importance of interpreting service rules governing sexual harassment in a manner that upholds substantive justice and recognizes power dynamics in workplace misconduct complaints."
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