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MANMOHAN, ASHA MENON
Aneesh Ahmad – Appellant
Versus
Union Of India – Respondent
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 servic
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 ....
The dismissal of a Central Industrial Security Force member for misconduct involving a minor is justified and proportional to the gravity of the offense.
Disciplinary authorities must establish charges of misconduct with sufficient evidence; modifications to penalties must balance discipline with compassion.
Dismissal from service is a harsh punishment and requires a more objective approach, and the circumstances must be sufficient to justify dismissal without a disciplinary inquiry.
Disciplinary actions in armed forces must align with established judicial principles of proportionality; actions substantiated through evidence uphold dismissals for habitual misconduct.
The proportionality of punishment in disciplinary proceedings and the consideration of previous misconduct in determining the appropriate punishment.
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