The main legal point established in the judgment is the scope of judicial review in administrative actions, emphasizing the grounds of 'illegality', 'irrationality', 'perversity', and 'procedural impropriety'. The decision also clarified the limitations of penalties and the jurisdiction of the disciplinary authority under the Central Industrial Security Force Act, 1968 and relevant rules.

1. On 1st September, 1998 at about 21:45 hours, a tragic incident took place at Patratu Thermal Power Station (FTPS), Patratu, Hazaribagh, Bihar, that claimed precious lives of two Central Industrial Security Force personnel.

2. The Central Industrial Security Force is an armed force of the Union consti#31;tuted for better protection and security of Industrial Undertakings owned by the Central Government. The appellant enrolled as Constable in the Force and his three colleagues namely, Constable Kartar Singh, Constable G.Patra and Head Constable S.R. Prasad were in the year, 1998, detailed at FTPS Patratu Cash Guard for round the clock duty for safety and security of FTPS Cash Section located in Administra#31;tive Building of the Power Station. They were accommodated in a room in the said building for housing the Cash Section, so as to enable them to repel any threat to the Cash Section and cash and valuables kept therein.

3. On the date of occurrence, i.e. 01.09.1998, the appellant completed his four hours duty at 4 PM and was relieved by his colleague, Constable Kartar Singh. Constable Kartar Singh completed his duty at 8 PM and was relieved by Constable G.Patra. Constable G.Patra and Head Constable S.R. Prasad at about 21:45 hours got entangled in a verbal dual. Constable G. Patra opened fire with his service rifle on Head Constable S.R. Prasad, who died on spot. Constable G.Patra, thereafter, turned his service rifle to himself, pulled the trigger and committed suicide.

4. The appellant and his colleague Constable Kartar Singh stayed inside their room at the time of occurrence, made no attempt to intervene and disengage Constable G.Patra and Head Constable S.R. Prasad, and prevent the occurrence. The appellant and Constable Kartar Singh, according to the Supervisory Officers could have at least saved the Constable G. Patra, had they come out after hearing the first gun shot and tried to prevent Constable G.Patra from taking his own life.

5. The appellant and Constable Kartar Singh on account of cowardice shown by them in discharge of their duties were proceeded against under Central Indus#31;trial Security Force Act, 1968 and Rules made thereunder. The charges against the appellant read as under;

"ARTICLE OF CHARGE-I

An Act of cowardice, inaction and insubordination on the part of No. 851320115 Constable Om Parkash of CISF Unit, FTPS Patra-tu in that he failed to protect the precious lives of HC/GD S.R. Prasad who was shot dead by Constable G.Patra on 01.9.98 at about 2145 hrs at FTPS Patratu Cash guard and later committed suicide although the said constable Om Parkash was present at Cash Guard where the incident had taken place. ARTICLE OF CHARGE-II

An act of gross misconduct and suppression of fact on the part of the said No. 851320115 Constable Om Parkash in that he wilfully suppressed the fact of incident dated 01-9-98 happened at Cash Guard duty post with vested interest and given false statement misleading the higher formation although he had witnessed the entire incident before Const. G. Patra shot dead HC/GD S.R. Prasad and later committed suicide."

6. The appellant was placed under suspension. The charges during enquiry were proved against him. The Commandant, CISF Unit, FTPS, Patra-tu, Hazaribagh, Bihar on 23rd February, 1999, in exercise of powers conferred by Rule 29-A read with Schedule-II to Rule 29-A and Section 31 (c) of CISF Rules 1969, imposed punishment of "Compulsory Retirement from Service with 2/3rd Pension and Gratuity" on the appellant.

7. The appellant filed an appeal against the order of Commandant, CISF Unit, FTPS, Patratu, Hazaribagh, Bihar before Deputy Inspector General, Central Indus#31;trial Security Force, Patna, Bihar. The Appellate Authority did not find any merit in the appeal and the appeal was, accordingly, dismissed on 08.09.1999.

8. Aggrieved with the order of the Commandant, CISF Unit, FTPS, Patratu, Hazaribagh, Bihar dated 23rd February, 1999 and that of the Deputy Inspector