Dismissing a plea in search of quashing of an FIR registered towards a authorities servant for allegedly abetting his junior colleague to commit suicide by “insulting” him (together with swearing at him and giving him a slap) throughout working hours on the workplace premises whereas “reprimanding” him, the Punjab and Haryana Excessive Court docket has stated that cracking the whip on the employees by superiors at office shouldn’t be at the price of “bullying”and “humiliating” them.
The excessive court docket stated, “It’s true that administration of the division or an workplace requires sure maintain and management of the staff by superiors nevertheless it doesn’t require humiliation and bullying at office.”
A bench of Justice Karamjit Singh was listening to the petition filed by Balwan Singh, who sought to quash the FIR registered towards him in 2015 beneath Part 306 (abetment to suicide) of IPC at Kaithal (Haryana).
As per the case, the FIR was registered on an announcement made by Manoj Kumar (brother of deceased) who said that his elder brother Joginder Singh was working as a Class IV worker in Animal Husbandry Division and was posted at veterinary hospital in Rohera village. In line with Manoj Kumar, on October 14, 2015, he obtained a telephonic message that “his brother Joginder Singh has dedicated suicide by hanging from a fan in a room of the hospital”. On receiving the message, he went to the Rohera hospital. The checking of the physique led to restoration of a “suicide observe” on his particular person (from deceased’s trouser pocket). He learn the suicide observe whereby it was written that on that day Balwan Singh (accused) – posted as a Veterinary Livestock Growth Assistant (VLDA) in authorities veterinary hospital, Rohera, – had “insulted Joginder Singh” (the deceased) and referred to as him “dishonest” and “uttered dangerous phrases” and likewise “gave a slap on his face”. Joginder Singh “couldn’t bear the insult” and attributable to this he was compelled to finish his life, alleged Manoj Kumar in his criticism. The FIR was thus registered towards Balwan Singh.
Balwan Singh’s counsel contended that Joginder Singh (the deceased) was working beneath his consumer (Balwan Singh) and there have been allegations that Joginder Singh was charging extra cash from most of the people to offer remedy to cattle. Additionally, Joginder Singh used to problem medical prescriptions with out having any authority to take action. On this, Balwan Singh (the petitioner) reprimanded him and likewise suggested him (Joginder Singh) to not demand bribe from the villagers who come to the hospital for remedy of their cattle, the counsel contended.
Nonetheless, the state counsel and the counsel for complainant (Manoj Kumar) submitted that the petitioner not solely reprimanded Joginder Singh but additionally abused and slapped him and used offensive language towards him. He couldn’t bear the insult and ended his life by committing suicide, it was submitted, including that he (Joginder Singh) left behind a suicide observe whereby he particularly “blamed the petitioner for his dying”. Referring to a Forensic Science Laboratory (FSL) report, the state counsel additionally apprised the court docket that the handwriting and the signature showing within the suicide observe have been discovered to be matching with the usual handwriting and signature of the deceased.
On listening to the matter, the excessive court docket stated, “It’s true that administration of the division or an workplace requires sure maintain and management of the staff by superiors nevertheless it doesn’t require humiliation and bullying at office. In case, petitioner herein acquired complaints concerning working or corrupt practices adopted by the deceased, he ought to have reported the identical to his seniors in order to proceed towards the deceased in accordance with regulation. Nonetheless apparently, no such criticism in writing was obtained by the petitioner with regard to working of the deceased, previous to the prevalence in query.”
In case, the petitioner was sad with the working of the deceased, he ought to have verbally reprimanded the deceased, however there was no event or cause for the petitioner to slap the deceased or to make use of abusive language towards him, as is recorded within the suicide observe in query, and the deceased took the drastic step as he was unable to bear the stated humiliation, stated the excessive court docket.
The court docket famous that every one this occurred on the premises of the hospital throughout working hours on October 14, 2015, and thereafter, Joginder Singh dedicated suicide on the exact same day and left behind a suicide observe. “Thus, there was optimistic motion on the a part of the petitioner proximate to the time of suicide” which prima facie led him to finish his life. Whereas dismissing the petition, the excessive court docket additionally famous that “no materials is accessible on the document that the deceased was pissed off or feeling depressed on account of labor stress or was going through some household downside”.
