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V. R. K. KRUPA SAGAR
D. Justin – Appellant
Versus
Inspector General – Respondent
ORDER :
(V.R.K. Krupa Sagar, J.) :
Writ petitioner is a Constable in Central Industrial Security Force (hereinafter referred to as ‘CISF’) and is governed by the Central Industrial Security Force Act, 1968 (Act No.50 of 1968) (for short ‘the CISF Act, 1968) and the Central Industrial Security Force Rules, 1969. During the relevant period he was working in CISF Unit, PPT, Paradeep, Orissa State, India. For acts of indiscipline and dishonesty he was subjected to disciplinary enquiry and was found guilty and departmental penalties were inflicted. In that regard, invoking the jurisdiction of this Court under Article 226 of the Constitution of India, he filed the present writ petition with a prayer which reads as mentioned below:
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 court upheld the disciplinary penalty on the petitioner for gross negligence while on duty, emphasizing the significance of maintaining strict discipline in security forces.
Pension is calculated based on last pay drawn and the treatment of the period from the date of compulsory retirement to the date of reinstatement as dies-non
The principle of proportionality of punishment is crucial in determining the appropriate penalty for proved charges of misconduct.
The court's decision emphasizes the importance of upholding discipline and proportionate penalties in disciplinary proceedings.
Procedural safeguards, fair hearing, and compliance with statutory mandates are essential in disciplinary proceedings, and the violation of such safeguards can render the disciplinary action void.
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