Uttar Pradesh: In Agra, BDO hit DM with shoe, DM hit BDO with Paper Weight, now whose job will go, who will go to jail? what does the law say

A heated clash broke out between the District Magistrate and BDO in Agra, Uttar Pradesh. The matter escalated so much that District Magistrate Bhanu Chandra Goswami allegedly threw a paperweight at Block Development Officer (BDO) Anirudh Singh Chauhan. After this, the angry BDO hit the DM (Agra DM) with a shoe. Now a case has been registered against BDO in this matter under sections 323, 504, 506 and 332. Police is searching for the accused BDO.

If a government employee beats up his superior, what punishment does he get? Lose your job or have to go to jail? If a common man quarrels with a government employee, what is his punishment? Let us understand in this explainer…

How is it decided whether you will go to jail or lose your job?
If a government employee misbehaves, abuses or beats his superior, then in legal language it is called “insubordination”. This has been going on since the British era also. There is a provision for strict punishment against “disobedience” in the civil administration and in the Army, Air Force or Navy. Supreme Court Advocate Adarsh Tiwari tells in conversation with hindi.news18.com that if we talk about civil administration, then two types of action are taken in such cases. First is criminal action, under which action is taken according to the sections of the Indian Justice Code and second is civil action, under which departmental action is taken.

Criminal Action: A case can be registered under sections 166, 166A, 186, 353 etc. of IPC. If found guilty under different sections, there is a provision of 2 years imprisonment or fine or both.

Departmental Action: If the person concerned is found guilty after departmental inquiry, then he can be punished in two ways. The first is major and the second is minor. Major penalties include suspension or dismissal or demotion etc. In minor cases, there can be punishment like forced leave for a few days, reduction in salary. Apart from this, cases can also be registered against the concerned person under general sections related to assault, abuse, indecency or whatever the allegations are and the police can take action accordingly.

What is the punishment for beating a policeman?
There is also a provision for strict punishment against beating a policeman. The punishment includes imprisonment of up to 2 years under section 506 of the IPC or up to 1 year under section 330. Financial penalty may also have to be paid.

What are the rules in Army, Air Force and Navy?
There is also a provision for punishment in the Indian Penal Code for attacks on Indian Army, Air Force and Navy officers. This has been explained in detail in Section 134 of the IPC. This section states that if an employee or officer of the Army, Air Force or Navy attacks his senior officer while on duty, he will be considered a criminal. And if proven guilty, the concerned accused can be punished with a minimum punishment of 1 year, which can be extended up to 7 years. Apart from this, financial penalty can also be imposed on him.

May be subject to court martial
Section 134 states that attacking your superior officer will come under the ambit of non-bailable offence. This crime will be negotiable i.e. non-negotiable. Only first class judges can consider such cases. Apart from this, in the cases of Army, Air Force and Navy, the trial is also conducted against the accused as per the army law. After the Court of Inquiry, even court martial can be done.

Advocate Adarsh Tiwari explains that the harshest punishment given during court martial in the Army, Air Force and Navy is called ‘cashiering’. In simple language, it is the most insulting punishment. In ‘cashiering’, the uniform, stars etc. of the officer concerned are removed in front of the public. Army people consider it more dangerous than jail.

What is the punishment for beating and abusing a government officer?
Even for common citizens, there is a strict law against obstructing government work, stopping a government officer from doing his duty or arguing or fighting. Obstructing government work can result in a jail term of 2 years under Section 354. Similarly, under section 504, there is a provision of 2 years’ imprisonment for fighting with a government employee. Abusing a government employee or using abusive language can also result in a jail term of 2 years. Similarly, under section 506, there is a punishment of 3 to 7 years for threatening a government employee.

Beating a government employee can result in a jail term of 3 to 10 years under Section 332. Similarly, for blackmailing, there is a punishment of 3 to 10 years under section 383, 384, 386. Even for forcibly entering a government office, 2 years’ imprisonment, for damaging government property, 3 years’ imprisonment under section 378, for stealing government documents, 3 years’ imprisonment under sections 378, 379, and for damaging government documents, There is a provision of 3 years imprisonment under sections 378 and 379.