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DELHI HIGH COURT
RAJIV SAHAI ENDLAW, AMIT BANSAL
Karampal – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. departmental inquiry findings against the petitioner. (Para 1 , 2) |
| 2. petitioner's arguments against negligence charges. (Para 4 , 5) |
| 3. court's analysis of disciplinary proceedings. (Para 6 , 7 , 8 , 9) |
| 4. court's dismissal of the writ petition. (Para 10) |
JUDGMENT
Amit Bansal, J. The petitioner was appointed as a Sub-Inspector/Executive in the respondents Central Industrial Security Force (CISF) in 2014. For the period from 2014 to 2018, the petitioner was posted in the CISF Unit of ONGC at Hazira, Gujarat. On 23rd May, 2018, the petitioner was issued a charge memo under Rule 36 of the CISF Rules, 2001 with the following charge:
"ARTICLE OF CHARGE-I
"No.140202577 SI/Exe Karampal of CISF Unit ONGC Hazira was deployed as Shift I/C at Main Gate in 'B' shift duty on 09.05.18. During his duty hours, at about 1710-1716 hrs., few villagers consisting of approximately 10 to 15 personnel including female members blocked the car of Shri Rajiv Tiwari, Production Manager, ONGC, Hazira on NH-53 as he went outside from ONGC Plant through the Main Gate. The production manager was manhandled by the protesters. The incident happened near about 50 mtrs away from the main gate and it
Disciplinary proceedings require adherence to natural justice but allow limited judicial intervention unless gross violations occur; negligence established justifies penalties imposed.
The scope of judicial review in departmental proceedings is limited to severe procedural lapses or disproportionate punishments, maintaining that disciplinary actions are distinct from criminal charg....
Limited scope of interference under Article 226 of the Constitution of India in departmental disciplinary proceedings.
The High Court will not interfere with the findings of fact arrived at in departmental enquiry proceedings except in a case of mala fides or perversity. The quantum of punishment in disciplinary matt....
The court upheld the disciplinary penalty on the petitioner for gross negligence while on duty, emphasizing the significance of maintaining strict discipline in security forces.
The court's decision emphasizes the importance of upholding discipline and proportionate penalties in disciplinary proceedings.
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