Disciplinary decisions regarding dereliction of duty in sensitive, security-oriented roles are generally not subject to judicial interference if the penalty is proportional and the defense of medical unavailability is unsupported by contemporaneous evidence at the time of the omission.

Judgment :

Ajay Kumar Gupta, J.

1. Being aggrieved with the punishment awarded by the Disciplinary Authority for penalty of “Pay Fine Equivalent to Two Days” and, subsequently, rejection of his appeal and revision by the Appellate Authority, the petitioner prays for relief, inter alia, as follows:--

“a) A Writ in the nature of Mandamus quashing and setting aside Final Order being No. CISF/C Coy/ISP(B)C COY/Minor/2021- 17 dated 29.01.2021, Appellate Order being No. 15099/CISF/ISP(B)/No/UR-37/ER/ 2021/2098 dated 12.04.2021 and revisional order being No. 15099/CISF/ISP(B)/No/ Revision/UR-37/E.R/2021/7695 dated 20.12.2021 passed by Respondents No. 4, 3 and 2 respectively, being improper and illegal;.

b) A Writ in the nature of Mandamus directing the Respondents concerned to restore the two days pay-fine imposed upon the petitioner and remove the said entry from his service records as a consequence of setting aside of his punishments;

c) A writ in the nature of Mandamus commanding the respondents, their men, agents and all of them to grant promotion to the petitioner by ignoring the adverse entry of the two-day pay fine in his service record, as imposed on him by the disciplinary authority, in case he qualifies the departmental examination for LDC or any other such exam;

d) Rule NISI in terms of prayer (a), (b) and (c) above;

e) Interim order in terms of prayer (c) above;

f) Such further and other order or orders be made and/or directing or directions be given as to this Hon’ble Court may deem fit and proper;”

FACTS OF THE CASE:-

2. The brief facts, leading to the filing of this writ petition, are as follows:

a. The petitioner was serving as a Constable/General Duty bearing No. 170130523 in CISF Unit, IISCO Steel Plant (in short ‘ISP’), situated within the premises of ISP, Burnpur, Post Office – Burnpur, District – Paschim Burdwan, PIN – 713 333, under the direct command of the Assistant Commandant, CISF Unit, ISP Burnpur (Respondent No. 4 herein).

b. On 26th October, 2020, the petitioner was assigned duty at the CISF Duty Post marked “WT.23+NALA” in the ISP Burnpur compound from 21.00 hrs till 05.00 hrs of 27.10.2020. On the said day, while checking the AC/Plant at around 00.55 hrs. of 27.10.2020, the petitioner was allegedly found asleep while seated in his chair at his duty post.

c. Pursuant thereto, the respondent no. 4 issued a show cause notice to the petitioner asking him to explain as to why disciplinary action should not be taken against him for the aforesaid incident. In response, the petitioner stated that he had been suffering from fever and body pain on the said day and, despite having been advised to take rest by the doctor, he continued to perform his duty owing to shortage of manpower. On such grounds, he requested that no punitive action be taken against him.

d. Thereafter, without considering the aforesaid explanation, the petitioner was issued a memorandum being No. CISF/C Coy/ISP(B)/C-COY/Minor/2020/127 dated 30.12.2020, along with an Article of Charge alleging gross misconduct, carelessness and dereliction of the directions of higher authorities, amounting to conduct unbecoming of a member of a disciplined force like CISF. The petitioner was granted an opportunity to make a representation against the charges within 10 days from the receipt of the memorandum.

e. The petitioner made a representation dated 06.01.2022 reiterating his explanation with supporting medical documents and prayed for dropping of the disciplinary proceedings on the ground of illness, contending further that imposition of punishment would adversely affect his