The court emphasized the importance of maintaining discipline in a paramilitary force and upheld the discretion of departmental authorities in imposing penalties, unless the penalties were shockingly disproportionate.

1. The petitioner was recruited in the CISF as Constable/GD on 06.03.2010. On completion of his basic training, he was posted to CISF 6th RB Deoli on 01.09.2010. Thereafter he had reported to the CISF Unit, Red Fort, Delhi on 01.09.2012, on a regular transfer.

2. On 08.07.2015, at about 0630 hours, central PT was organized in the Unit. While checking the turnout of the personnel participating in the PT, the Company Commander found the petitioner to be present in full pants instead of the prescribed uniform. When the petitioner was questioned by the Company Commander as to the reason for reporting for PT in full pants, he entered into an argument with him. After a preliminary inquiry was conducted by the Inspector/Exe., on finding a prima facie case of indisciplined behavior/disobedience of the orders of the superior officer, the provisions of Rule 37 of the Central Industrial Security Force, 2001 were invoked and a Memorandum of Charge dated 30.07.2015 was served upon the petitioner, which reads as under:-

Charge

“On 08.07.2015 at time about 06.30 hours central PT was organized and was company commandant on doing turn out check of post members who participated in PT it was found that force No.101220158 Constable/GD Girish Solanki was present after wearing full pant. After being asked by the Company Commander why he has come wearing full pant in PT then in reply by the force member it was said to Company Commander that why you have come wearing lower. After that when by Assistant Commandant, the reason was asked for coming wearing full pant then by the force member it was said to the Assistant Commandant that you have also come wearing blue lower. Despite being working on the responsible post by the force member wrong reply has been given to his senior officers and not appearing in PT and violating the orders given by the senior officers this shows his gross negligence and indiscipline towards his responsibility therefore, charges are there.”

3. The petitioner filed a reply dated 12.08.2015 in reply to the above memorandum of charge. Vide order dated 19.08.2015, the Disciplinary Authority i.e. Assistant Commandant, CISF Unit, Red Fort Delhi awarded the petitioner the punishment of reduction of pay to the minimum stage for a period of three years. Further, it was ordered that the petitioner will earn increment of pay during the period of reduction and on expiry of period of three years, the reduction will not have the effect of postponing his future increment of pay.

4. Aggrieved by the punishment awarded by the Disciplinary Authority, the petitioner preferred an appeal before the Senior Commandant, CISF Unit, Red Fort, which was partly allowed vide order 26.09.2015. Considering the punishment awarded by the Disciplinary Authority to be on higher side, the Appellate Authority reduced the same to that of reduction of pay by one stage from Rs.7830 + 2000 to Rs.7540 + 2000, for a period of three years with immediate effect. It was also ordered that the petitioner will not earn increment of pay during the period of reduction and that on expiry of the period of three years, the reduction will not have the effect of postponing his future increment of pay.

5. Not satisfied with the decision of the Appellate Authority, the petitioner filed a revision petition before the DIG/NCR, CISF. In exercise of powers conferred under Schedule-I of Rule 32 of CISF Rules, 2001, vide order dated 15.03.2016, the Revisional Authority further reduced the punishment awarded to the petitioner by the Disciplinary Authority and the Appellate Authority, to that of reduction of pay by one stage from Rs.7830 + 2000 to Rs.7540 + 2000, for a period of one year with immediate effect. It was also ordered that the petitioner will earn increment of pay during the period of reduction and that on expiry of period of one year, the reduction will not have the effect