IMPORTANT POINT
The punishment imposed must be commensurate with the conduct and charges leveled against the petitioner.

JUDGMENT

Saurabh Banerjee, J.

1. Facts disclose that the petitioner herein, now an ex-Constable (General Duty) in the respondent no.2, Central Industrial Security Force [Hereinafter referred to as `CISF'], after appointment as a Constable in the year 2012 was first posted in CISF Unit UCIL Jaduguda in December, 2017 and then posted at the CISF Unit HWP, Manuguru in January, 2018 where, on 18.01.2018, he received a Memorandum of Charge, stating that an enquiry under Rule 36 of the CISF Rules, 2001 is proposed to be initiated against the petitioner on the following charges, namely:

"(i) Charge I-; Force No. 120717743 Constable/GO Sumit Kumar, H.W.P Manuguru, called the commandant UCIL Jaduguda to his mobile in connection with the leave while being posted in the previous unit UCIL Jaduguda on 05.12.2017 upon which the commandant ordered him to come to the office on 06.12.2017 with all the documents. On 06.12.2017, the force member did not appear in the grievance room before the Commandant and refused to come and the force member tried to pressure the unit administration by submitting a conditional resignation from the service. The above act of force no. 120717743 Constable/ GO Sumit Kumar, CISF being a member of an armed force signifies gross misconduct, indiscipline and negligence towards orders. Hence, it is the charge.

(ii) Charge II- Force No. 120717743 Constable/GO Sumit Kumar, H. W.P Manuguru, tried to threaten and intimidate while being posted in the previous unit UCIL Jaduguda on 05.12.2017, through his relatives acting in the office of the ministry of home affairs by calling senior officials of the unit on phone by taking judicial action against them and viral the video clip of own Wife in which his wife accused the administration of torturing by not giving leave to her husband and also said that if anything happens to her or her husband, the Senior Officers of the unit will be responsible. The force member gross indiscipline and refused to identify his relatives by adopting adamant attitude and expressed ignorance. The above act of force no. 120717743 Constable/GO Sumit Kumar, CISF being a member of an armed force signifies gross misconduct, indiscipline and negligence towards orders. Hence, it is the charge.; and

(iii) Charge III- Force No. 120717743 Constable/GO Sumit Kumar of H.W.P. Manuguru had already been awarded with 05 (five) minor penalties during his earlier service tenure for the different kind of indiscipline activities such as submitting wrong facts, misconduct, and negligence of duty and disregard of lawful orders and had been given opportunity for improvement again and again but still he had not mended his ways. The above act of No. 120717743 Constable/GO Sumit Kumar, being a member of an armed force signifies gross misconduct, indiscipline and negligence towards orders. Hence it is the charge."

2. After receipt of the said Memorandum of Charge under protest, the petitioner made applications for being provided Hindi Translations of the documents, however the same was rejected and since he failed to submit his reply against the charge sheet within the stipulated time, the Disciplinary Authority proceeded with the Departmental Enquiry and vide Final Order dated 01.05.2018 passed by the Senior Commandant (Disciplinary Officer), CISF Unit HWP, Manuguru, held that the charges against the petitioner stood proved and accordingly he was awarded the punishment of `Removal from Service with immediate effect['.

3. Aggrieved therefrom, the petitioner first preferred an appeal dated 22.05.2018 against the Final Order dated 01.05.2018, which was dismissed by the Deputy Inspector General/DAB Zone CISF, DAB Zonal Headquarter Hyderabad vide order dated 13.06.2018. The petitioner then preferred a revision petition dated 24.07.2018, which was also dismissed by the Inspector General, DAE & DOS Sector Hors, New Delhi vide order dated 04.01.2019, holding that there were no procedural lacuna in the Departmental Enquiry and that no fur