IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN, J.
Balwan Singh, son of Sri Ajit Singh – Appellant
Versus
The Union of India through Ministry of Home Affairs, New Delhi – Respondent
W.P.(S) No.5079 of 2015
Decided on : 01-12-2025
JUDGMENT :
DEEPAK ROSHAN, J.
1. Heard learned counsel for the parties.
2. The instant writ application has been preferred by the petitioner for quashing the order contained in Memo No. V- 11014 / Pukh / Vivin / Revision-10/2014- 12556 dated 14.11.2014, passed by Director General of Police, Central Industrial Security Force, Eastern Division, Headquarter, Boring Road, Patna; whereby the revision petition dated 23.07.2014, preferred by the petitioner has been dismissed affirming the Appellate order dated 13/09/2013, contained in Memo No. V- 11014/E2/Ad II/Ap1-15/BS/2013-619, passed by Deputy Inspector General of Police, Central Industrial Security Force, Patliputra Headquarter, Patna; whereby the appellate authority has modified the order dated 14/05/2013, passed by Commandant, Central Industrial Security Force, C.T.P.S. Chandrapura, Bokaro in the following manner "Reduction of pay to the minimum stage in the pay band of Const/GD for a period of three years with immediate effect with cumulative effect to that of Reduction of pay by one stage from Rs. 7,830/- GP Rs. 2,000/- to Rs. 7,540/- + GP Rs. 2,000/- (in the pay band of PB-I Rs. 5,200-20,200/-+ GP Rs. 2,000/-) for a period of three years. It is further directed that he will not earn increment of pay during the period of reduction and on expiry of the period of reduction, it will have the effect of postponing his future increment of pay." Initially in a departmental proceeding the petitioner who is a constable in Central Industrial Security Force, CTPS, Chandrapura, Bokaro was imposed major penalty vide order dated 14/05/2013, contained in Memo No. V- 15014/CTPS/Anu/Major-4/13- 1632, passed by Commandant, Central Industrial C.T.P.S., Security Force, Bokaro, Chandrapura in the following manner "Reduction of pay to the minimum stage in the pay band of Const/GD for a period of three years with immediate effect. It is further directed that he will earn increment of pay during the period not of reduction and on expiry of the period of reduction, it will have the effect of postponing his future increment of pay. The period from 18.02.2013 to 18.03.2013 is treated as suspension only for all purposes".
II. Further prayed for direction upon the respondent authorities to pay all the monetary benefits for which the petitioner is legally entitled for.
3. Briefly stated, as per the pleadings in the writ application is that on 21.02.2013, a Memo of charge against the petitioner was served and a show cause was issued to the petitioner. The petitioner submitted his reply to the show cause on 27/02/2013 within stipulated time. Thereafter, Mr. B.N.Murmu was appointed as enquiry Officer and he submitted his brief note of Departmental Proceeding on 13/04/2013 and the petitioner submitted his reply to the brief note on 22/04/2013. Thereafter, Inquiry Report was submitted by the Enquiry Officer on 27.04.2013 under CISF Rules 2003, Rule 36 and the petitioner submitted his written defense regarding the enquiry report on 10.05.2013. On14.05.2013, the Commandant, Central Industrial Security Force, C.T.P.S., Chandrapura Bokaro, passed the punishment order in following manner "Reduction of pay to the minimum stage in the pay band of Const/GD for a period of three years with immediate effect. It is further directed that he will earn increment of pay during the period not of reduction and on expiry of the period of reduction, it will have the effect of postponing his future increment of pay. The period from 18.02.2013 to 18.03.2013 is treated as suspension only for all purposes".
Against the said order, the petitioner preferred an Appeal before the Deputy Inspector General, CISF, Eastern Zone HQ, Patliputra on 01.7.2013 and the same was dismissed with modification vide order dated 13.09.2013 contained in Memo No. V-11014/E2/Ad II/Ap1-15/BS/2013-619, passed by Deputy Inspector General of Police, Central Industrial Security Force, Patliputra Headquarter, Patna; whereby the appellate authority has modified the ord
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.
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.
Judicial review in disciplinary matters is limited to procedural compliance, not reappraisal of evidence or merits of punishments.
The findings in the criminal and departmental proceedings were based on the same set of facts, and acquittal in a criminal case does not automatically entitle the individual to relief in departmental....
Judicial review of disciplinary proceedings focuses on the fairness of the process rather than the correctness of the outcome, ensuring compliance with natural justice.
Disciplinary proceedings must respect natural justice principles, including the right to a personal hearing and proper consideration of the defense, failing which decisions are liable to be quashed.
The court's decision emphasizes the importance of upholding discipline and proportionate penalties in disciplinary proceedings.
Judicial review of disciplinary actions is limited to ensuring due process was followed, not to reassess the proportionality of punishment unless it is shockingly disproportionate.
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