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High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE R.JAYASIMHA BABU & THE HONOURABLE MR. JUSTICE K.RAVIRAJA PANDIAN
Union of India, rep.by its Secretary & Others - Appellant
Versus
Sudhir Kumar Das - Respondents
Writ Appeal No.219 of 1999
Decided On : 27 March 2003
Misconduct - Employment - Central Industrial Security Force - U/S 4(1) of CISF Act, 1968 - Summary of Acts and Sections: CISF Act, 1968 - Section 4(1), Central Civil Services (Classification, Control and Appeal) Rules, 1957 - Rule 15 - The judgment discusses the charges of misconduct against the respondent under Article of Charge No.I, II, III, and IV. The court analyzes the disciplinary proceedings, the respondent's admission of guilt, and the imposition of the punishment of removal from service. The court also considers the legality of holding a second enquiry and the proportionality of the punishment imposed.
Fact of the Case:
The respondent, an employee of the Central Industrial Security Force, faced charges of misconduct for deserting duty without permission and disobedience of orders. He admitted his guilt during the enquiry, and the disciplinary authority awarded the punishment of removal from service. The respondent challenged the order of termination in a writ petition.
Finding of the Court:
The court found that the charges of misconduct were established, the second enquiry was held in compliance with the rules, and the punishment imposed was proportionate considering the nature of the employment and the respondent's repeated misconduct.
Issues: The issues involved the respondent's admission of guilt, the legality of holding a second enquiry, and the proportionality of the punishment imposed.
Ratio Decidendi: The court held that the second enquiry was held in compliance with the rules and principles of natural justice. The proportionality of the punishment imposed depends on the facts and circumstances of the case, the nature of the misconduct, and the previous record of the delinquent.
Final Decision: The writ appeal was allowed, and the penalties imposed on the respondent were upheld.
R.Jayasimha Babu, J.
The respondent who was the writ petitioner was employed in the Central Industrial Security Force in it's unit at Madras Port Trust. He had joined the force in the year 1987. On 13.11.1990 he was served with a memorandum proposing to hold an enquiry against him on the imputations of misconduct which were set out in the annexure to that memorandum. The Articles of charge are as set out below:
"STATEMENT OF ARTICLE OF CHARGE FRAMED AGAINST NO.873280147 CONSTABLE S.K. DAS (U/S) OF 'B' COY OF THIS UNIT.
Article of Charge No.I
No.873280147 Constable S.K. Das of "B' Coy of CISF Unit, MPT, Madras deliberately deserted from Unit (his residence) w.e.f. 04.09.1990 (FN) to 17.09.1990 in which he failed to turn up for 'C' Shift duty on 04.09.1990 without prior permission from the competent authority. This act of Constable S.K. Das tantamounts to gross misconduct and dereliction of duties being a member of an Armed Force.
Article of Charge No.II
CISF No.873280147 Constable S.K. Das of 'B' Coy, CISF Unit, MPT Madras deserted from his residence after taking 3 days medical rest w.e.f. 26.09.1990 (AN) to 29.09.1990 (AN) without permission from the competent authority. Further, when he was directed to appear before AC, Sec-I Orderly room by OC, 'B' Coy on 01.10.1990, he declined to obey the order of Inspector, OC, 'B' Coy. This act of Constable S.K. Das amounts to gross misconduct and disobedience of lawful orders of superiors.
Article of Charge No.III
CISF No.873280147 Constable S.K. Das of 'B' Coy of this Unit himself deserted from Unit lines w.e.f. 10.10.1990 (FN) while under suspension and was remaining on AWL till 05.11.1990 (AN). This act of Constable S.K. Das amounts to gross misconduct and dereliction of duties being a member of Armed Force.
Article of Charge IV
No.873280147 Constable S.K. Das of this Unit accumulated 2 (two) punishments in short span of three and half years of service and thereby showed his indisciplined attitude and unbecoming of a member of Force.
IMPUTATION OF ARTICLE OF CHARGE FRAMED AGAINST NO.873280147 CONSTABLE S.K.DAS OF 'B' COY CISF UNIT MPT MADRAS.
Artilce I
CISF No.873280147 Constable S.K. Das of 'B' Coy of CISF Unit, MPT Madras was living outside the Unit line at Quarter No.28/1, Ghouse Mohideen Pettai, 3rd Street, Royapuram, Madras 13. He was detailed for 'C' shift duty on 04.09.1990 from 2130 hours to 0530 hours on 05.09.1990. But he did not turn up for duty in time. When checked his house by the then CHM of 'B' Coy and HC A.K. Singh of 'B' Coy, they found his house was locked and also they noticed on enquiry from neighbours that Constable S.K. Das left his residence w.e.f. 03.09.1990 evening. Thus, Constable S.K.Das himself deserted from Unit 04.09.1990 (FN) to 17.09.1990 without prior permission from the competent authority. This act of Constable amounts to gross misconduct and dereliction of duties being a member of an Armed Force.
Article II
No.873280147 Constable S.K. Das of 'B' Coy of this Unit himself deserted from his residence i.e. Quarter No.28/1, Ghouse Mohideen pettai 3rd street, Royapuram, Madras 13, near gate No.I of MPT with effect from 26.09.1990 (AN) to 29.09.1990 (AN), after taking 3 days medical rest from MPT hospital, without permission from the competent authority. On 01.10.1990 he was directed to go for AC, Sec-I's orderly room by Inspector A.Jayakumar, OC, 'B' Coy, in which he disobeyed the order of OC 'B' coy and replied like "I WILL NOT GO FOR ANY ORDERLY ROOM AND ALSO I WILL NOT TALK TO ANYBODY BELOW THE RANK OF COMMANDENT", thereby he violated the order of superior authority. This act of Constable S.K. Das amounts to gross misconduct, dereliction of duties and disobeyed the orders of superiors.
Article III
No.873280147 Constable S.K. Das of 'B' Coy of this Unit has been placed under suspension w.e.f. 01.10.1990. During the tenure of suspension he himself deserted the Unit lines w.e.f. 10.10.1990 to 05.11.1990 (AN) without prior permission from the competent author
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