The doctrine of proportionality must be applied in determining the proportionality of punishment in disciplinary proceedings, and the punishment must be commensurate with the fault committed.

JUDGMENT :

DIPANKAR DATTA, J.

1. The petitioner was a member of the Central Industrial Security Force (hereafter “the CISF”, for short). While holding the post of a constable, the petitioner has been removed from service by an order dated 7th May 2012 issued by his disciplinary authority, i.e., the Commandant CISF RTC Arakkonam. Such order has been affirmed by an order dated 8th March 2018 of the appellate authority, i.e., the Deputy Inspector General, CISF RTC Arakkonam. The petitioner has taken exception to such orders in this writ petition.

2. It is not in dispute that the petitioner after availing 10 (ten) days of sanctioned earned leave from 18th August 2011, did not report back for duty. He did not also seek further leave or communicate the reason that disabled him from reporting for duty. Similarly worded call-up notices dated 3rd September 2011, 12th September 2011, 27th September 2011 and 10th/15th October 2011 were issued to him, whereby he was informed of his failure to report for duty from 29th August 2011 and that with effect from that date, he was overstaying leave without intimation or any permission from the competent authority. On each occasion, the petitioner was directed to report forthwith.

3. It is not in dispute that despite receipt of such call-up notices, the petitioner did not obey the order of his superior and report for duty. The aforesaid conduct of the petitioner overstaying his leave and remaining absent unauthorizedly, triggered disciplinary proceedings against him. A memorandum of charge dated 16th November 2011 was drawn up against the petitioner whereby he was charged as follows: -

“No. 071680675 Constable/GD Rahul Hiraman Birhade of CISF RTC Arakkonam was granted 10 days Earned Leave w.e.f. 18.08.2011 to 27.08.2011 with eligible permission. On expiry of above sanctioned leave, he was required to report for duty on 29.08.2011 (F.N.). But he failed to report back for duty and remained on OSL w.e.f. 29.08.2011 to till date without intimation/permission of the competent authority. The above acts on the part of No.071680675 Constable/GD Rahul Hiraman Birhade of CISF RTC Arakkonam amounts to gross indiscipline and disobedience of orders. Thus unbecoming of a member of the disciplined Force.”

4. Since the petitioner did not acknowledge the memorandum of charge, a constable was deputed for serving such memorandum on the petitioner at his residential address. The charge-sheet was finally served on 26th November 2011. Despite receipt thereof, the petitioner did not submit a written statement denying the charge. The disciplinary authority thereafter appointed an inquiry officer as well as a presenting officer vide order dated 19th December 2011. Despite being served with notice of inquiry, the petitioner did not attend the same. Instead, he sent a letter dated 27th March 2012 to the inquiry officer expressing his inability to resume duty as well as to attend the inquiry for the reasons stated therein. We consider it appropriate to reproduce the said letter in its entirety hereinbelow: -

“Sub.: Giving reason for not attending CIS Force from 29.08.11 till date.

Respected Sir,

I the undersigned Rahul Hiraman Birade failed to attend the service from 29.8.11 till date Because there were issues of family turmoil with my brothers & mother, as there was always fights in home. Due to those fights my mother is in tension & she is suffered with Heart disease and she as on that, continuous treatment. Simultaneously, my wife is also pregnant. Because of these delicate situations & family problems I was mentally disturbed and I was not in a position to settle out mine mother’s and wife’s issues of stay & giving them personal consoladation (sic, consolation?) and I am trying to solve the problems. Even two times I removed tickets for Chennai [dated 15.10.11 & 17.10.11] to report on duty but because of same problems arised in home, I could not reply back & resume on duty.

Also, my elder sister’s husband is expired on February 2