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2025 Supreme(SC) 1515
SUPREME COURT OF INDIA
SURYA KANT AND NONGMEIKAPAM KOTISWAR SINGH, JJ.
Union of India And Others – Appellant
Versus
NO.900224364 Const/G.D. Jageshwar Singh
Civil Appeal No. 7029 of 2025 (Arising Out of SLP (C) No.18628 of 2019)
Decided on : 20-05-2025
Headnote:(A) Constitution of India - Articles 14, 16, and 21 - Doctrine of Proportionality in service jurisprudence - Dismissal of an employee for robbery found acceptable based on misconduct at a sensitive post - Court upheld dismissal, finding prior minor misconduct relevant. (Paras 10, 11, 12)
(B) Judicial review - Scope limited to ensuring non-arbitrariness in punishment imposed - Authorities must not act with vengeance but maintain proportionality based on severity of misconduct. (Paras 10, 12)
Facts of the case:
Respondent, a Constable in ITBP, dismissed for breaking open a cash box during duty, which contained significant funds. He confessed to the crime, and an inquiry substantiated his guilt. High Court had previously granted relief by suggesting reconsideration of the severe punishment.
Findings of Court:
The High Court erred in overlooking the gravity of misconduct, and past records of behavior were deemed pertinent for imposition of discipline within the Para Military Force.
Issues: The court reviewed whether the disciplinary authority could reconsider punishment post-discipline severity and whether the High Court's decision was legally sound.
Ratio Decidendi: The Supreme Court emphasized that punishment must reflect the gravity of misconduct, particularly in service provided by a disciplined force, and prior minor misconduct cannot be ignored in assessing proportionality.
Result: Appeal allowed; orders for reconsideration of punishment set aside; writ petition dismissed.
Certainly. Based on the provided legal document, here are the key points:
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The Supreme Court upheld the authority of disciplinary bodies in service law to impose punishment commensurate with the severity of misconduct, emphasizing that prior minor misconduct can be relevant in assessing proportionality (!) (!) (!) .
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The Court clarified that the scope of judicial review in disciplinary matters is limited to ensuring that punishments are not arbitrary or vengeful and that authorities maintain proportionality based on the gravity of misconduct (!) (!) .
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The case involved a constable in a disciplined force who was found guilty of robbing a cash box during duty, with the misconduct established through a confession and inquiry, and the punishment of dismissal was initially imposed (!) (!) .
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The High Court had previously directed the authorities to reconsider the punishment, suggesting that the severe penalty might be disproportionate, especially considering the respondent's cooperation and remorse (!) (!) .
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The Supreme Court emphasized that in service jurisprudence, especially within disciplined forces, the gravity of misconduct must be reflected in the punishment, and past minor misconduct can be relevant for assessing proportionality (!) (!) (!) .
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The Court highlighted that discipline, ethics, and loyalty are essential in such forces, and misconduct involving moral turpitude warrants strict discipline, including dismissal, regardless of past minor infractions (!) (!) .
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The Court rejected the High Court's intervention to reduce the punishment based on the respondent's overall conduct, affirming that the misconduct was grave and justified the original punishment of dismissal (!) (!) .
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Ultimately, the Supreme Court allowed the appeal, set aside the High Court's order directing reconsideration of the punishment, and dismissed the respondent's writ petition, affirming the disciplinary authority's decision to dismiss the respondent (!) .
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| Table of Content |
|---|
| 1. background and appeals by union and itbp. (Para 1 , 6 , 7 , 8 , 9) |
| 2. dismissal of constable for misconduct. (Para 2 , 3 , 4) |
| 3. doctrine of proportionality in disciplinary action. (Para 5 , 12) |
| 4. importance of discipline in itbp. (Para 10 , 11) |
| 5. appeal allowed; dismissal upheld. (Para 13) |
ORDER
1. Leave granted.
2. The Union of India and the Indo Tibetan Border Police (in short, the "ITBP") are in appeal against the order dated 27.09.2018 passed by a Division Bench of the High Court of Uttarakhand, whereby the order dated 08.11.2012 rendered by a learned Single Judge has been upheld. The cumulative fact of both the orders is that the respondent, who was dismissed from service, has been granted relief with respect to the quantum of punishment and a direction has been issued to the appellants to reconsider whether the order of dismissal could be reduced to any lesser punishment.
3. The respondent was recruited as a Constable in ITBP on 30.11.1990. He was performing the duty of Sentry during the intervening night of 04.07.2005/05.07.2005 at Kote. In the Kote, cash boxes of 'A', 'B', 'XE' and 'T' Coys were kept. The respondent knew that the cash box contained lakhs of rupees for disbursement to the Coy personnel. The respondent allegedly broke open the lock of the Kote, took the cash, concealed the cash box about 200 yards away from the Kote, and ran away from the Post.
4. When the incident came to the notice of the Company Commander, he immediately made a search of the nearby area as well as the vehicle going towards Uttar Kashi, but the respondent could not be traced. The Company Commander then reported the matter to the Commanding Officer of the Battalion. This followed an FIR on 06.07.2005 registered against the respondent. The FIR was followed by a Court of Enquiry, in which it was duly established that respondent was guilty of committing the crime. In fact, on being arrested, the respondent confessed his complicity, and pursuant to the findings given by the Summary Force Court, he was dismissed from service on 14.11.2005. In the said enquiry, the respondent was found guilty on all five charges. He filed a departmental appeal, which was dismissed. The respondent thereafter approached the High Court through a writ petition. The learned Single Judge of the High Court rejected the respondent's contention that confession was made under threat or coercion and categorically held that, "I am unable to accept this belated plea as conduct of the petitioner does not demonstrate that it was procured under threat and coercion. It would have been open for the petitioner to approach the closest police station for recording his protest that confessional statement has been obtained by threat." The learned Single Judge, thus, firmly held that the story of involuntary confession was unacceptable.
5. Learned Single Judge thereafter delved into the issue of quantum of punishment and observed that the Disciplinary Authority has straightaway passed the extreme punishment of dismissal from service. It was opined that the proportionality principle was not followed, and as such, the order of dismissal from service as well as the Appellate order "suffer from serious infirmity and illegality as it is a question of taking away of livelihood of a particular person."
6. The learned Single Judge, thereafter, observed that respondent did not deny, rather cooperated with the Disciplinary Authority, himself, making it clear that he was guilty of the misconduct. This amounted to "clear conscience and repentance". This change in mind, according to the High Court, stood as a marker that the respondent sought to rectify himself. It is after these observations that the learned Single Judge concluded as follows:
"I, therefore, keep both the orders in abeyance for its operation and I direct the Appellate Authority, who is a superior one, with an independent mind and without being influenced by the earlier decision, shall consider the question of quantum o
