IMPORTANT POINT
Misconduct of misbehaving with superior/senior officer and of insubordination can be said to be a very serious misconduct and cannot be tolerated in a disciplined force like CRPF.

JUDGMENT :

M. R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 01.09.2017 passed by the High Court of Judicature for Rajasthan Bench at Jaipur in D.B. Special Appeal Writ No. 303/2005, by which, the High Court has allowed the said appeal preferred by the respondent herein and has set aside the penalty imposed by the disciplinary authority and has directed the appellant(s) to reinstate him in service with notional benefits without any back wages, the Union of India and others have preferred the present appeal.

2. The facts leading to the present appeal in a nutshell are as under: -

2.1 That the respondent was serving in disciplined force – CRPF. A departmental enquiry was initiated against him and was served with a chargesheet alleging the charges as under: -

“That No. 911120421 CT/GD Sunil Kumar Jat of F/118 CRPF while functioning as CT/GD committed an act of gross misconduct and disobedience of orders in his capacity as a member of the Force under section 11(1) of CRPF Act, 1949 in that he misbehaved, in subordinated with Shri Ajay Mishra, Dy. Comdt. (Adjutant), Dr. J.N. Trivedi, SMO and Sub-Inspector Ramesh Chandra of 94 Bn. then attached with 118 Bn. CRPF by consuming country liquor while on Govt. duty and threated Senior Officers with dire consequences on 26th August, 02 and thus committed an act which is pre-judicial to good orders and discipline of the force.”

2.2 On conclusion of the departmental enquiry and after following the due procedure as required under Rule 27 of the Central Reserve Police Force (CRPF) Rules, 1955 and in exercise of powers under Section 11 of the CRPF Act, 1949, the disciplinary authority/CRPF passed an order dismissing the respondent from service. The order of dismissal came to be confirmed by the Appellate Authority. That thereafter, the respondent filed a writ petition before the learned Single Judge of the High Court challenging the penalty order of dismissal being Writ Petition No. 2195/2004. The learned Single Judge by judgment and order dated 07.01.2005 dismissed the writ petition. Then, the respondent preferred D.B. Special Appeal Writ No. 303/2005 before the Division Bench of the High Court and by the impugned judgment and order the High Court has set aside the order of penalty of dismissal by observing that considering Sections 9 and 10 of the CRPF Act, 1949 and when the misconduct was committed the respondent was not on active duty and therefore, the offences committed by the respondent can be said to be less heinous offence which does not warrant the extreme penalty of dismissal. Therefore, by observing that the order of penalty of dismissal can be said to be disproportionate to the gravity of the wrong, denying the back wages, the High Court has ordered reinstatement of respondent in service with notional benefits. The impugned judgment and order passed by the Division Bench of the High Court is the subject matter of present appeal.

3. Ms. Madhavi Diwan, learned ASG, appearing on behalf of the Union of India and others – appellant(s) has vehemently submitted that in the facts and circumstances of the case the Division Bench of the High Court has committed a very serious error in setting aside the order of penalty of dismissal and reinstating the respondent in service.

3.1 It is vehemently submitted by Ms. Diwan, learned ASG that the penalty of dismissal from service inflicted upon the respondent was after conclusion of the departmental enquiry and after holding the charges and misconduct proved against the respondent – delinquent. It is submitted that the charges and misconduct proved against the respondent – delinquent were very serious and not befitting a solider working in the disciplined force – CRPF. It is submitted that while under the influence of intoxication he misbehaved with senior and threatened him of dire consequences, thus, committed an act of insubordination. It is submitted that therefore, the order of penalty of dismissal which