FIR registered against IAS officer for harassing junior officer on election duty

Syllad | The Rising MeghalayaNovember 6, 2024

In a case involving alleged harassment during election duty, the Nalbari Police Station registered an FIR against Nalbari District Commissioner Varnali Deka, following an order from Additional Chief Judicial Magistrate (CJM) P Goswami.

This directive came in response to accusations from Arpana Sarmah, the former Circle Officer of Paschim Nalbari Revenue Circle, who claimed that Deka harassed, humiliated, and threatened her during her duties for the Lok Sabha elections.

Sarmah’s original complaint on May 8, made shortly after the election, alleged that while she was managing the receipt of EVMs, VVPATs, and other polling materials at Government Gurdon Higher Secondary School, Deka publicly berated her over logistical challenges and labour issues.

Sarmah further alleged that Deka’s actions escalated to the point of her feeling unsafe, leading her to seek refuge at Nalbari Police Station, where she lodged an initial complaint at 2:09 a.m. Although the police made a General Diary entry, they did not register a formal FIR.

Efforts by Sarmah to pursue her complaint through the Superintendent of Police and the Director General of Police yielded no resolution, prompting her to file a writ petition with the Gauhati High Court. The High Court advised her to take the matter to the jurisdictional magistrate. Consequently, Sarmah approached the Additional CJM, who reviewed her petition and found sufficient grounds for a cognizable offense, ordering the police to file the FIR.

In her ruling, CJM Goswami highlighted the police’s failure to address Sarmah’s allegations promptly, criticizing the five-month delay in concluding even a preliminary inquiry.

She emphasized the importance of registering an FIR as the first step in initiating a formal investigation into alleged criminal conduct. The court instructed the officer-in-charge of Nalbari Police Station to file the FIR, conduct a thorough investigation, and submit a final report without delay, while retaining a photocopy of the records for reference.

The allegations against Deka also stemmed from a broader pattern of behavior, according to Sarmah’s complaint. She reported “extreme mental harassment” from Deka since January, accusing her of excessive scrutiny intended to find fault in her work on minor issues. This stress had led Sarmah to request extraordinary leave in March, suggesting in her letter that it could serve as a resignation if her leave was denied. However, after encouragement from colleagues and local MLA Chandra Mohan Patowary, she withdrew her resignation request.

Deka, on the other hand, claimed Sarmah had neglected her duties, leaving the election site at 2 a.m. without completing her assigned tasks, a claim that led to Sarmah’s suspension. The court, however, reiterated that the complainant has the right to an FIR registration when credible allegations of a cognizable offense exist, thereby obligating the police to act promptly in investigating Sarmah’s claims.