The main legal point established in the judgment is the principle that the punishment imposed pursuant to disciplinary proceedings would only be interfered with if it was so disproportionate that it shocked the conscience of the court.

JUDGMENT

Asha Menon, J. - Cm No.3783/2021

Exemption allowed, subject to all just exceptions.

W.P. (C) 1348/2021, CM APPL. 3782/2021

1. The petition has been heard by way of video conferencing.

2. The petition has been filed by an ex-ASI/Clerk of the Central Industrial Security Force (CISF) with the following prayers:-

a) Issue a writ of Certiorary, or any other appropriate writ, setting aside impugned order bearing Letter No. V11014/APS/Rev-08/AA/LC/2020- 6794 dated 31.08.2020, passed by the Office of the Spl. Director General/APS, Central Industrial Security Force (Ministry of Home Affairs) through Sh Vikram Singh Mann, Inspector General/APS-I rejecting the Revision Petition filed by the petitioner against the penalty of 'dismissal from service' awarded by the Disciplinary Authority, Commandant, ASG, Amritsar, vide his F.O No. V-15014/CISF/ASGA/Rule-36/A.A./2019/6408 dated 20.07.2019 and upheld by DIG/AP-NZ/Hqs, New Delhi being the Appellate Authority vide Appellate order V-15014/DIG/APNZ/Disc/01/ Appeal/AA/2019 - 1905 dated 19.11.2019; and

b) Issue a writ of Mandamus, or any other appropriate writ, directing re-instatement of the petitioner will full backwages and continuity of service; and

c) Issue a writ of prohibition prohibiting the Respondent from harassing the petitioner; and/or

d) Pass any other or further order/s as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

3. The petitioner was posted at the CISF Unit, ASG Shimla and residing in a rented accommodation in the year 2019 at Jubbarhatti, Shimla. A charge memorandum was issued to him for mis-conduct by the Commandant/CISF ASG Amritsar (Disciplinary Authority) on 25th February, 2019 and the articles of charge reads as under: -

"Force No. 094170016 ASI/Clerk Anish Ahmed, C1SF Unit ASG Shimla, when he was residing at his rental house in Jubbadhatti, Shimla on 04.02.2019, at about 14.15 hrs, a teenaged girl named Prachi Chauhan aged about 09 years visited his room to get the shirt for sewing by her mother. With bad intentions, he shut the door of his room and molested her with attempt to physically attack her. Being a member of a disciplined Force, his conduct is not in consonance with the conduct of a disciplined member of Central Force. His act is against the disciplined conduct expected from a member of disciplined force and also reflects the moral turpitude, gross indiscipline and misconduct which also tarnish the image of the Force."

4. After the Disciplinary Authority considered his written response, it directed conduct of a departmental inquiry. Nine witnesses were examined and at the end of the inquiry, the Inquiry Officer submitted his report dated 17th June, 2019 to the Disciplinary Authority holding the petitioner guilty. Against this report, the petitioner submitted his representation on 6th July, 2019. However, the Disciplinary Authority accepted the report of the Inquiry Officer and imposed a penalty of dismissal from service upon the petitioner vide final order dated 20th July, 2019. His appeal against this order was rejected by the Appellate Authority vide order dated 19th November, 2019. A revision petition was also filed, addressed to the Inspector General/Airport Sector-1, Mahipalpur, New Delhi, which was also rejected vide order dated 31st August, 2020.

5. We have heard learned counsel for the petitioner and have perused the record. Sh.Abhishek Kaushik, Advocate appearing on behalf of the petitioner insisted that the entire charge against the petitioner was only a set of allegations, the truth of which was extremely doubtful on account of the significant fact that though the petitioner had been produced at the local police station, no action was taken by the police to register an FIR, though since the alleged victim was only nine years old, provisions of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) would have been attracted. According to the learned counsel, the entire effort was only to put pre