Disciplinary authority's decision upheld due to adherence to procedural fairness and proportionality of punishment to misconduct.

JUDGMENT (Oral)

1. By virtue of the present writ petition, the petitioner has challenged as many as three orders on the ground that the punishment awarded to him is disproportionate to the misconduct committed by him, inter alia, praying as under:

"(a) Writ of Certiorari setting aside the final order dated 16.04.2020 passed by the Disciplinary Authority (Respondent No.2) as well as the disproportionate penalty imposed on the petitioner in the very same order and/or

(b) Writ of Certiorari setting aside all the orders upholding the final order dated 16.04.2020 passed by the Disciplinary Authority which include the order dated 08.01.2021 passed by the Appellate Authority and the order dated 25.11.2021 passed by the Revisional Authority and/or

(c) Writ of Certiorari commanding the respondents to transfer all the records pertaining to the case of the petitioner so that conscionable justice may be done and/or

(d) Writ of Mandamus directing the respondents to furnish the continuous CCTV footage from 1000 hours to 1100 hours of the petitioner performing his duties on 14.11.2019 for the purposes of adjudication by this Hon'ble Court and/or

(e) Writ of Certiorari quashing the entire proceedings initiated against the petitioner with respect to the events of 14.11.2019, its related orders and the Charge Memorandum dated 28.11.2019 and/or

(f) Writ of Mandamus directing the respondents to restore the petitioner to the same pay scale he was in before the final order dated 16.04.2020 and/or"

2. Briefly put, the petitioner was enrolled as a member/Sub-Inspector (Executive) with the Central Industrial Security Force (hereinafter referred to as "CISF") and was first posted in the CISF Unit, ASG, Goa.

3. On 14.11.2019, when the petitioner was deployed in 'A' shift duty from 0530 hours to 1300 hours at the International Security Hold Area (hereinafter referred to as "SHA"), Goa Airport and performing his duty of frisking and screening as per the Standing Operating Procedures with respect to these duties issued by the Chief Airport Security Officer, CISF Unit, ASG Goa at the International Security Hold Area and at the Staff Gate. In one such Standing Operating Procedures issued on 25.05.2019 it was mentioned that officers like the petitioner (i) shall not leave the duty post until and unless properly relieved, and (ii) shall not bring mobile phone and shall not bring and read any reading material on duty.

4. After a few days of his posting at the International SHA, Goa Airport, the petitioner was served with a Charge Memorandum dated 28.11.2019 issued by the Commandant/Chief Airport Security Officer (CASO), CISF Unit, ASG Goa Airport. The said Charge Memorandum laid down two Articles of Charge against the petitioner, as under:

ARTICULE OF CHARGE-01

"On 14.11.2019 No. 180400397 SI/Exe Nimit Kumar of ASG Goa was deployed in 'A' shift duty from 0530 hrs to 1300 hrs at International SHA of NITB Goa Airport. It was observed that at around 1040 hrs while working at X-BIS No.1 he was involved in reading magazine on duty. Further, in course of duty, he allowed CMS Staff to screen belongings through X-BIS rather than doing himself being a screener deployed there. At about 1045 hrs, an immigration staff was getting out from International SHA frisking booth without any checking of bona fide. At about 1047 hrs a concessionaire trolley was allowed to go in Domestic SHA by him without proper checking of the trolley. It has also been noticed that he was not paying attention in AEP checking of staff going outside international SHA. At about 1048 hrs, some electrical items (3 air conditioner filter) of the AC repairing staff were allowed insid