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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI
Ratul Borah S/o Bipul Borah – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
SANJAY KUMAR MEDHI, J.
The instant petition under Article 226 of the Constitution of India has been filed challenging, inter alia a disciplinary proceeding which had culminated in an order dated 01.11.2018 whereby the petitioner was imposed the penalty of stoppage of one increment without cumulative effect. The petitioner is also aggrieved by the order dated 02.08.2018 passed by the Appellate Authority whereby his departmental appeal has been rejected.
2. The projected case of the petitioner, in a nutshell is that he was working as a Constable in the Central Industrial Security Force (CISF) and at the relevant time, was posted at the Numaligarh Refinery Limited (NRL). Vide a memo of charge dated 02.05.2018, a disciplinary proceeding was initiated against him on two charges which related to indecent behavior with certain female nursing staff of the VK-NRL Hospital with the further allegation of locking 4 female medical staff inside the vaccination room. It is the case of the petitioner that he had submitted an application to provide him additional documents and to conduct a regular enquiry and the said request was rejected vide
Disciplinary authority's discretion under CISF Rules allows for minor penalties without mandatory inquiry, provided no gross illegality or violation of natural justice occurs.
Judicial review of disciplinary proceedings is limited to checking the decision-making process; courts cannot reassess evidence unless penalties are shockingly disproportionate.
Judicial review in disciplinary matters is limited; courts may intervene if the penalty is shockingly disproportionate to the misconduct.
Disciplinary actions must adhere to principles of natural justice, including proper enquiry and opportunity to be heard, even for minor penalties.
The acquittal in a criminal case does not invalidate disciplinary proceedings, which require a lower standard of proof, and the Limitation Act does not apply to such proceedings.
Judicial review in disciplinary proceedings is limited; High Courts cannot interfere with findings or penalties unless they are manifestly illegal or shockingly disproportionate.
Judicial review in disciplinary proceedings is limited to assessing fairness and legality of the process, not the merits of the findings, particularly for minor punishments.
The main legal point established in the given judgment is the limited scope of judicial review in disciplinary inquiries and the principles of proportionality and the Wednesbury rule.
Judicial review of disciplinary matters is limited, with courts respecting the wide discretion of disciplinary authorities unless procedural fairness is violated or penalties shock the conscience.
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