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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
SOUMITRA SAIKIA, J.
Sri Gulshan Nand Kapoor, S/o. Late Nirmal Kumar Prasad - Petitioner
Versus
Union of India, through the Secretary to the Govt. of India, Ministry of Home Affairs & Ors. - Respondents
Writ Petition (C) No. 5846 of 2013
Decided On : 07-11-2023
JUDGMENT : disciplinary proceedings - CISF - [DISCIPLINARY PROCEEDINGS] - [CISF Act, 1968, Sections 3, 7, 8, 9, 15, 22; CISF Rules, 2001, Rules 32, 34, 36, 46] - The court examined the disciplinary proceedings initiated against the petitioner, a constable under the Central Industrial Security Force (CISF), and found that the charges of grave misconduct, irresponsible behavior, and indiscipline were supported by evidence. The court upheld the disciplinary authority's decision, emphasizing the importance of maintaining discipline in an armed force. The court also highlighted the distinction between civil and criminal proceedings, emphasizing that the standard of proof required in disciplinary proceedings is based on the principle of preponderance of probabilities. The court's decision was based on the principles of natural justice, compliance with statutory rules, and the sufficiency of evidence to support the findings of misconduct.
Fact of the Case:
The petitioner, a constable under the Central Industrial Security Force (CISF), was subjected to disciplinary proceedings based on charges of grave misconduct, irresponsible behavior, and indiscipline. The petitioner denied the charges, citing mental illness as a defense. The petitioner alleged that the disciplinary proceedings violated Articles 14 and 21 and opposed the principles of natural justice and fair play.
Finding of the Court:
The court found that the disciplinary proceedings were conducted in compliance with the CISF Act, 1968, and the CISF Rules, 2001. The court upheld the disciplinary authority's decision, emphasizing the importance of maintaining discipline in an armed force. The court rejected the petitioner's defense of mental illness, as the evidence presented during the proceedings did not support the claim. The court dismissed the writ petition, finding no merit in the petitioner's allegations of violation of natural justice and fair play.
Ratio Decidendi: The court's decision was based on the principles of natural justice, compliance with statutory rules, and the sufficiency of evidence to support the findings of misconduct. The court emphasized the importance of maintaining discipline in an armed force and upheld the disciplinary authority's decision based on the evidence presented during the proceedings.
Final Decision: The writ petition was dismissed, and the court upheld the disciplinary authority's decision. The court found no merit in the petitioner's allegations of violation of natural justice and fair play.
JUDGMENT :
This writ petition is directed against the disciplinary proceedings initiated against the petitioner, the appellate order passed against appellate order affirming the order passed by the Disciplinary Authority as well as the revisional order passed by the competent authority upholding the order passed by the disciplinary authority.
2. The brief facts are that the petitioner was employed as a constable under the Central Industrial Security Force (CISF) and was allotted Force Number 001360094. Petitioner was posted at the CISF unit at Indian Oil Limited, Duliajan, Post Office-Duliajan, District-Dibrugarh, Assam at the relevant point in time. During his posting at the same place, he was served with an order of suspension dated 20.09.2008 intimating that he was placed under suspension pending disciplinary proceedings. Pursuant to said order of suspension, a charge-sheet was issued to the petitioner bearing number V-15014/Mak-20/GNK/L&D/OIL(D)/2008-15528 dated 18.10.2008 by the Commandant, CISF, Oil India Limited, Duliajan framing as many as four articles of charges against him. The following articles of charges were framed against the petitioner:
CHARGE-I
Force No. 001360097 Ct. G.N. Kapoor who is posted in the industrial sector in CISF unit Oil Duliajan that on 20.09.2008 at around 00450 hours without any special reason he created an atmosphere of disturbance and abused Force No. 064870164 Ct. Dipak, slapped his face and enraged cocked the service rifle AK47 Reg SBA-436188 (Bn. No. 83) issued for duty and pointed it at his chest. This act of Force No. 001360097 Ct. G.N. Kapoor shows grave misconduct, irresponsible behaviour and indiscipline and also expresses his criminal nature.
CHARGE-II
Force No. 001360097 Ct. G.N. Kapoor who is posted in the industrial sector in CISF unit Oil Duliajan that on 20.09.2008 at around 0650 hours he left his post at the tank farm backside watch tower without the permission of his superior officers and without handing in the service rifle AK-47 Reg SBA-436188 (Bk No. 83) issued to him for duty and with the purpose of influencing the department came to his official residence No. A X 24 and locked himself in with the weagon. This behaviour of a members of an armed force show great indiscipline, misconduct and irresponsibility.
CHARGE-III
Force No. 001360097 Ct. G.N. Kapoor who is posted in the industrial sector in CISF unit Oil Duliajan that on 20.09.2008 at around 0800 hours when HC D.K. Siyog unit BHM and H.C. P.K. Dey HQ group CHM ordered him to come out of his quarters and surrender the weapon/ammunition he threatened to fire at them. This act of Force No. 001360097 Ct. as shown great indiscipline, irresponsible behaviour and grave conduct and also his criminal nature.
CHARGE-IV
Force No. 001360097 Ct. G.N. Kapoor who is posted in the industrial sector in CISF unit Oil Duliajan that during his seven years of service he has committed acts of indiscipline and misconduct and got six (06) punishments and alongwith having a bad service record he has acquired the incorrigible habit of repeating indiscipline, misconduct, irresponsibility and ignoring lawful orders. Out of these six (06) punishments there were five for quarrelling, dereliction of duty and irresponsible behaviour.
3. The enquiry proceeded against the petitioner and by enquiry report vide Memorandum No. V-15014/Maj-20/GNK/L&D/OIL(D)2009-2752 dated 26.03.2009, the petitioner was found guilty of the charges levelled against him. In response to the enquiry report submitted, the petitioner filed a representation stating that he was suffering from mental disease and therefore under provisions of section 84 IPC 1860 nothing committed by a person of unsound mind can be treated to be an offence. It was stated in the representation that the Enquiry Officer did not take into consideration any of these provisions and the findings of the Enquiry Officer to hold that the charges according to the petitioner hold to be proved was based on no evidence. The
The court emphasized the importance of maintaining discipline in an armed force and upheld the disciplinary authority's decision based on the evidence presented during the proceedings.
The High Court does not act as an appellate authority in disciplinary matters and will not interfere with the quantum of punishment unless it is shocking to the conscience.
The main legal point established in the judgment is that the court's role in disciplinary proceedings is limited to ensuring fair treatment and compliance with natural justice. The judgment also emph....
The Court upheld the penalty of removal from service based on the petitioner's admission of charges, failure to submit written explanations, and the consideration of the petitioner's previous conduct....
The judgment emphasized the importance of complying with the rules of natural justice, evidence-based findings of misconduct, and the proportionality of punishment in disciplinary proceedings.
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