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2008 Supreme(SC) 1900

CYRIAC JOSEPH, S.B.SINHA
EX-CONSTABLE RAMVIR SINGH – Appellant
Versus
UNION OF INDIA – Respondent


Judgement Key Points

The Supreme Court underscored that members of uniformed forces such as the Border Security Force are subject to the highest standards of discipline, and acts of indiscipline—such as unauthorized absence from duty and defiance of lawful orders (including refusal to eat or perform required drills while in custody)—constitute serious misconduct justifying dismissal from service. (!) (!) (!) [1000489080012][1000489080013][1000489080016][1000489080018] Such defiance, even in custody, falls within the scope of insubordination and obstruction of authority. (!) [1000489080018] In armed forces, any conduct undermining discipline cannot be treated leniently, as it erodes the force's operational integrity. (!) [1000489080016] By extension, intoxication while on duty, particularly in a high-stakes specialized role, would align with this principle as gravely undermining discipline and fitness for duty. (!) [1000489080012][1000489080016]


S. B. SINHA, J.

( 1 ) LEAVE granted.

( 2 ) APPELLANT is before us aggrieved by and dissatisfied with the judgment and order dated 23. 5. 2006 passed by the High Court of Punjab and haryana at Chandigarh dismissing the writ petition filed by him questioning an order of the Summary Security Force Court dated 8. 9. 2002 whereby and whereunder a sentence of dismissal from service was imposed.

( 3 ) APPELLANT, at all material times, was working as a constable in the border Security Force. At the relevant time, he was posted at 24 Bn. BSF at jodhpur. His duty, inter alia, was collection of official dak from Central diary, FHQ BSF, New Delhi through SHQ BSF Amritsar. He was sent to shq BSF Amritsar along with one `kalipada Mandal'. He had been given an authority letter with an electricity bill. He was directed to collect bank draft prepared in respect of the said bill by PAD well in advance, otherwise to report to the Unit immediately. The Dak was collected from the Central diary. They reached at their destination on 31. 7. 2000; collected the Dak from Central Diary, FHQ BSF New Delhi on 3. 8. 2000. Appellant informed the Second-in-Command on phone on 3. 8. 2000 that some unit drafts were

































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