The main legal point established in the judgment is that disciplinary proceedings must be conducted in accordance with principles of natural justice, and the punishment imposed must be proportionate to the gravity of the misconduct.

1. The petitioner, a constable of the Central Industrial Security Force, was proceeded against departmentally. The disciplinary proceedings initiated against him culminated in an order of removal from service dated August 30, 1999 passed by the disciplinary authority (respondent no. 6). The order of removal from service was carried in appeal before the appellate authority (respondent no. 5). The appeal was rejected by an order dated January 25, 2000. A revision having been filed against the appellate order, the revisional authority (respondent no. 4) by his order dated December 7, 2000 rejected it. Aggrieved thereby, the petitioner has invoked the jurisdiction of this Court under Article 226 by presenting this writ petition.

2. The pleaded facts reveal that by an order dated January 7, 1999, the petitioner was placed under suspension. A charge-sheet dated February 25, 1999 was issued against the petitioner by the respondent no. 6 levelling the following charges:

Charge No. I

That the said No. 962330911 Constable Irshad Ahmed of CISF Unit, FCI(NJP) under administrative control of CISF Unit, FSTPP Farakka committed an act of gross misconduct detrimental to the good orders of the force in that while attached with CISF Unit, CPT Calcutta for Republic Day Parade 1999 on 6.1.99 evening he left the Unit lines without any intimation or permission from the competent authority and went to Kiddirpur crossing area where he created nuisance in the public place under influence of liquor, resulting the said Constable Irshad Ahmed was arrested by police at about 01.00 hrs. on 7.1.99 from Kiddirpur crossing area. Subsequently Constable Irshad Ahmed was released from Police custody on 7.1.99 at about 05.05 hrs. Thus No. 962330911 Constable Irshad Ahmed committed an act of gross indiscipline, misconduct and tarnished the image of the disciplined force. Hence the charge.

Charge No. II

Gross indiscipline and misconduct, on the part of No. 862330911 Constable Irshad Ahmed of CISF Unit, FCI (NJP) in that after releasing from police custody while the said Constable Irshad Ahmed was brought to CISF Control Room Ramnagar of CPT Calcutta by SI/Exe. R.S. Negi, Constable Irshad Ahmed became furious and abused SI/Exe. R.S. Negi in the CISF Control Rom, Ramnagar at about 05.35 hrs. on 07.1.99 in presence of SI/Exe. G. Halder, ASI/Exe. Sheik Nasir Ali and ASI/Exe. M. Rama Swamy.

3. In his response dated March 13, 1999 to the charge-sheet, the petitioner denied that he had committed misconduct and claimed innocence. In view thereof, an enquiry officer (respondent no. 8) was appointed who proceeded to conduct inquiry. Seven witnesses placed their statements supporting the prosecution case. The petitioner cross-examined such witnesses and also answered questions put to him by the enquiry officer. On completion of enquiry, a report dated June 25, 1999 was submitted by the enquiry officer recording that the charges levelled against the petitioner stood proved. The findings recorded by the enquiry officer read as follows :

“FINDINGS : -

In view of the facts as mentioned above and the disputed facts it has been proved on the basis of evidence on record that the charge official on 06-01-99 afternoon left the unit line without any permission intimation and went to Khidirpur crossing area and after consuming lequir (sic liquor) create public nuisance resulted he was taken to police custody at Wattganj Police Station on 07-01-99 at about 01.00 hrs along with Const. D. Kumar of ‘D’ Coy CISF Unit CPT Calcutta. Due to his dranken (sic drunken) state Doctor of S.N.P. Hospital Calcutta was examined him and certified that he was under influence of liquor and consumed lequir (sic liquor) at about 12 (AM) on 06-01-99 that the charged official was released from Wattganj Police Station on 07-01-99 at about 05.05 hours and taken to Ramnagar CISF Control rom in dranken (sic drunken) condition where he became furious and abuse to SI/ Exe. R.S. Negi by using filthy language. Accor