The court can interfere with disciplinary findings if the punishment is disproportionate to the fault, and the exercise of discretion in awarding punishment is grossly disproportionate.

JUDGMENT

Suresh Kumar Kait, J. Vide present petition, petitioner is seeking setting aside and quashing of orders dated 16.08.2019 and 22.01.2020 passed by the respondents directing his `removal from service' and writ of mandamus directing the respondents to reinstate him in service, with all consequential benefits.

2. The brief facts mentioned in the petition are that the petitioner was working as Sub Inspector in CRPF and was deployed at CISF Unit ASG Goa Airport and he was allotted an official quarter at Mangoor Hills Barrack by the respondents. The said quarter had no fixtures for domestic usage and so, petitioner requested one Mr. Mohd. Shakir; working as Supervisor to look after the maintenance work, equipments and staff deployed by M/s Raj Kumar Aggarwal, whose services were hired by Airports Authority of India; to send someone to get the fixture done at his quarter. However, Mr. Mohd. Shakir told him no spare worker was available and petitioner may check in the basement if any spare drilling machine is available, he can carry that to get the fixtures fixed himself and return it after finishing his work.

3. On the next day i.e. 28.04.2019, with the permission of Mr.Mohd. Shakir, Supervisor, the petitioner picked one drilling machine from the basement, after marking it, however, he decided to carry it home on the next day i.e. 29.04.2019 when he was on night duty, with the intention to finish the task in minimum time and return it on the next morning.

4. On the next day i.e. 29.04.2019, petitioner was deployed in night duty shift at Western Finger Staff Gate. At around 0030 hours petitioner sought permission from the Control Room Incharge for a reliever, which was granted and after arrival of the reliever, petitioner left his duty post to go to basement area. He picked up the said drilling machine, kept in his bag and left the bag with the female frisking booth with the intention to pick up the same before leaving the Airport. Thereafter, petitioner came back to his duty post. At around 03:43 AM the respondent-Authority checked the baggage of the petitioner and alleged him of stealing the drilling machine. The petitioner was served with a Memorandum dated 05.05.2019 alleging misconduct and misbehaviour on the following Articles of Charge:

"MEMORANDUM

CISF No. 1402022 12 SI/Exe Amit Kumar (U/S) of CISF Unit ASG Goa Airport is hereby informed that disciplinary action under Rule-36 of CISF Rules-2001 (Amended from time to time)is proposed to be held against him. The substance of imputation of misconduct or misbehaviour in respect of which the enquiry is proposed to be held is set out in the enclosed statement of articles of charge (Annexure-I). A statement of imputation of misconduct or misbehaviour in support of the articles of charge is enclosed (Annexure II). A list of documents by which and a list of witnesses by whom the articles of charge are proposed to be sustained are also enclosed (Annexure-III & IV) respectively.

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ANNEXURE-I

STATEMENT OF ARTICLES OF CHARGE FRAMED AGAINST NO.140202212 SI/EXE AMIT KUMAR (U/S) OF CISF UNIT ASG GOA AIRPORT UNDER RULE-36 OF CISF RULES-2001

CHARGE-1

"On 29.04.2019, No.140202212 SI/Exe Amit Kumar of ASG Goa was deployed with Arms (9mm Pistol Butt No. 39 & 30 Rds) in night shift duty from 2100 hrs to 0530 hrs at western finger staff gate (Alfa-09). As per CCTV footage dated 30.04.2019 from 0107 hrs to 0113 hrs, he intentionally carried a drilling machine from BMA/basement area (near to old delta-08 duty post) in a bag with mala fide intention of taking it outside the airport premises in planned manner. The above act on the part of No. 140202212 SI/Exe Amit Kumar tantamount to gross misconduct, theft, and unbecoming on the part of a member of the discipline Armed Force. Hence, the charge."

CHARGE-2

"On 29.04.2019, No.140202212 SI/Exe Amit Kumar of ASG Goa was deployed with Arms (9mm Pistol Butt No.39 & 30 Rds) in night shift duty from 2100 hrs to 0530 hrs at western finger staff gate (Al