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2015 Supreme(Del) 3537
DELHI HIGH COURT
Pradeep Nandrajog, Pratibha Rani, JJ.
Kulrawat Singh - Appellant
Versus
UOI & Ors. - Resopndent
W.P.(C) 1719 of 2005
Decided On : 06-01-2015
For the Petitioner: None.
For the Respondents:Ms. Monika Arora, Advocate for UOI with Mr. Abhishek Kumar Chaudhary, Advocate.
The court emphasized the importance of considering the circumstances under which an act of indiscipline was committed and the need for proportionate disciplinary action.
Headnote:
Armed Forces - Leave Application - CISF Rules 2001 - Rule-36 - Desertion of Camp - [FACT OF THE CASE] The petitioner, a member of the CISF, left the camp unauthorisedly to attend his brother-in-law's marriage after his leave application was neither rejected nor sanctioned. He was subsequently charged with deserting the camp unauthorisedly and without information/permission of the competent authority. [FINDING OF THE COURT] The court found that the petitioner committed an act of indiscipline by leaving the camp without sanctioned leave, but considered the circumstances under which the act was committed. [ISSUES] The main issue was whether the penalty of removal from service was justified. [RATIO DECIDENDI] The court held that the disciplinary authority should have considered the circumstances and dealt with the petitioner accordingly. [FINAL DECISION] The court set aside the penalty of removal from service and ordered the reinstatement of the petitioner with consequential benefits but without back wages.
Pratibha Rani, J.
1. Striking a balance between discharge of duties as Member of disciplined force and social obligations qua family had always been difficult for the Members of Armed Forces as well Paramilitary Forces. While a long procedure has to be followed for taking leave for attending social obligations, lack of sensitivity on the part of superior officers of forces to take a quick decision on the leave application, sometimes result into a situation in which the writ petitioner found himself when his leave application was neither rejected nor sanctioned to enable him to attend the marriage of his brother-in-law. On the one hand there was a threat of departmental action and disciplinary proceedings for unauthorisedly leaving Todapur Camp. On the other hand his matrimonial life was under threat as his wife had already warned him of serious consequences if he failed to attend the marriage of her brother.
2. Caught in the above situation, though with no previous act of indiscipline ever committed by him, after losing hope of leave being sanctioned to him, he decided to leave the Camp to attend the marriage of his brother-in-law perhaps to save his family life and to avoid humiliation to his wife during the marriage ceremonies of his brother-in-law. He himself reported to the Station in the evening of May 26, 2003 and submitted the joining report next day morning on May 27, 2003. He was allowed to join duty but thereafter for the act of gross misconduct and indiscipline, a departmental inquiry under Rule-36 of CISF Rules 2001 was initiated against him. The article of charge framed against the writ petitioner was for deserting Todapur Camp unauthorisedly and without information/permission of the competent authority.
3. After considering the statement of PW-I ASI/EXE. C.Ashokan, PW-II HC/GD S.N. Mishra and PW-III INSP./EXE P.P. Bara and that of the charged official, the Enquiry Officer arrived at a conclusion that the charge against the charged official was proved. The findings arrived at by the Enquiry Officer is to the following effect:
‘1. No. 941370066 Const. K.R. Singh was deployed on IS duty in Coy. No. 723 at Todarpur Camp New Delhi since Dec’ 2002
2. He was applied for 06 days EL alongwith 02 days CCL w.e.f. 17.05.2003 to attend his brother-in-law’s marriage on 18.05.2003 at his home.
3. His leave was sanctioned by the competent authority for 02 days only w.e.f. 17.05.2003 at 2000 hrs on 16.05.2003
4. Before collecting the leave certificate Const. K.R. Singh left the Camp without informing his superiors w.e.f. 16.05.2003 evening
5. After completion of “A” Shift duty on 16.05.2003 he (Const. K.R. Singh) deposited only his Rifle in the Kote.
6. Const. K.R. Singh retained 50 Rounds 7.62MM ammunition alongwith 02 magazines with him till rejoin from AWL.
7. Const. K.R. Singh left camp area for his home on 16.05.2003 evening without any information/permission of his superiors. He remained au-authorizedly absent from Todapur Camp from 16.05.2003 to 26.05.2003 (10 days) at his own.
8. During the AWL period Const. K.R. Singh did not made any correspondence to his superiors also.’
4. The punishment awarded to the petitioner by the Commandant CISF Unit RSP Rourkela vide final order No. V-15014/(24/03)/L&R/RSP/04-411 dated 22.03.2004 was ‘Removal from Service’.
5. The appeal preferred to Deputy Inspector General, CISF was dismissed on the ground that the disciplinary authority has rightly passed the final order awarding punishment which commensurate with the gravity of offence committed by the appellant.
6. Ms. Monika Arora, Advocate for the respondents submitted that the gross act of misconduct has to be viewed seriously to send a strong message to the Members of the Force and to have a deterrent effect. She further submitted that petitioner left the Camp unauthorisedly despite two days leave being sanctioned to him with effect from May 17, 2003 but the writ petitioner was not found present when effort was made to communicate the sa
