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K. MANMADHA RAO
I. Jagannadhan – Appellant
Versus
Central Industrial Security Force – Respondent
JUDGMENT
Dr. K. Manmadha Rao, J. - This writ petition is filed under Article 226 of the Constitution of India for the following relief:-
'to issue an order direction or writ more particularly one in the nature of writ of mandamus or any other appropriate writ (i) declaring the letter No. B15015/CISF/ANU/SS/2010/1907, dated 29.3.2010 issued by the Deputy Inspector General, CISF, as illegal and arbitrary (ii) declare the order of the appellate authority order No. V15014/LR/Appeal/IJ/SS/2010/570 dated 30.07.2010 received by the petitioner on 21.08.2010, as illegal and arbitrary (iii) declare the order of the Revisional Authority Order No. V-11014/112/L&R/2010-642 Dated 16.5.2011 received by the Petitioner on 27.5.2011, as illegal and arbitrary and (iv) consequently set aside the proceedings with a further direction to the Respondents to reinstate the Petitioner into service with all consequential benefits and to pass such other or further orders.......'
2. Brief facts of the case are that:
The petitioner was joined as Constable in the Central Industrial Security Force (for short 'CISFT') on 2.3.1998 and was transferred to Visakhapatnam Steel Plant in the month of July, 2007. On 18.07.2009
The punishment of compulsory retirement was disproportionate to the gravity of the offense of having excess pocket money.
The principle of proportionality of punishment is crucial in determining the appropriate penalty for proved charges of misconduct.
The court established that the punishment of compulsory retirement must be proportionate to the gravity of the proved charges and should consider the previous conduct of the employee.
Disciplinary actions must adhere to established procedures, and courts will not interfere unless the punishment is shockingly disproportionate or the process violated natural justice.
The main legal point established in the judgment is that the petitioner's act of unauthorized absence from duty constituted 'misconduct' under the CISF Rules, leading to the imposition of the punishm....
The Court upheld the penalty of removal from service based on the petitioner's admission of charges, failure to submit written explanations, and the consideration of the petitioner's previous conduct....
The court upheld the disciplinary authority's decision on compulsory retirement, emphasizing limited judicial review regarding the appropriateness of punishment imposed, unless it is found to be shoc....
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