The main legal point established is that the punishment imposed in disciplinary proceedings should be proportionate to the gravity of the proved charges, and minor penalties should be considered for minor misconduct.

ORDER :

The punishment of reduction of pay to the minimum stage from Rs.6720/- + Rs.2000/- GP to Rs.6460/- + Rs.2000/- GP in the Pay Band of Rs.5200-20200 (+) Rs.2000/- GP for a period of two years with cumulative effect imposed on the writ petitioner is under challenge in the present writ petition.

2. The petitioner joined in the Central Industrial Security Force (CISF) on 23.03.2011. A charge memo dated 10.01.2013 under Rule-36 of the Central Industrial Security Force Rules, 2001 was issued with the following Article of Charges:

“On 27.12.2012 No.114480088 Const/Driver Ramaswaroop Kajala (U/s) of HQ Coy was detailed for ‘A’ shift duty from 0500 Hrs to 1300 Hrs on 27.12.2012 along with Bus bearing No.TN-31, CZ 0407 for mounting of ‘A’ Shift duty personnel of Mine 1A (L) Sector CISF Unit NLC Neyveli. Accordingly, the Bus driven by Const/Driver Ramswaroop Kajala carrying the ‘A’ shift duty personnel of “l” Sector reached at Mine-1A Main Gate at about 0510 Hrs. After reaching at Mine-I A Main Gate, Const/Driver Ramswaroop Kajala parked the above Bus inside the Mine-I A Main gate and get down from the vehicle by leaving the above Bus unattended in starting condition. In the mean time, the Bus started moving down towards Mine-I A Main Gate and strike the stopper wall and in gate barrier resulting in damage of NLC Management property worth of Rs.1151.46/- approximately. The above lapse on the part of Const/Driver Ramswaroop Kajala (U/s) tantamount to indiscipline, dereliction towards bonafide official duty and highly unbecoming of a disciplined member of the Armed Force of the Union i.e. CISF. Hence the charge.”

3. The petitioner submitted his written statement of defence, denying the Articles of Charges and not satisfied with the explanations dated 18.01.2013, the Disciplinary Authority appointed an Enquiry Officer, who in turn, conducted a departmental enquiry. The Enquiry Officer conducted the enquiry by affording opportunity to the writ petitioner and submitted his report on 14.03.2013, holding that the charges against the writ petitioner were held proved. Thereafter, the petitioner was provided with an opportunity to submit his further objections and the Disciplinary Authority passed final orders, imposing penalty of reduction of pay to the minimum stage for a period of two years with immediate effect. The reduction will have the effect of postponing his future increments of pay. The petitioner preferred an appeal and thereafter, Revision and both are rejected. Thus, the petitioner is constrained to move the present writ petition.

4. The learned counsel for the petitioner mainly contended that the petitioner parked the Bus inside the Mine-I A main gate and got down from the Bus in a starting condition. The petitioner had to got down from the Bus on account of sudden sound heard by him, which caused panic and thus, he got down from the Bus and has seen the surrounding. At that point of time, the Bus moved down towards Mine-I A Main Gate and the strike the stopper wall and in gate barrier of Mine-IA in the gate.

5. The learned counsel for the petitioner reiterated that the incident happened on account of the fact that the petitioner heard a sound and immediately he got down from the Bus and has seen the surroundings, by that time, the Bus hit with the gate and it was a minor damage and even as per the respondents the expenditure involved was about a sum of Rs.1151.46/- and thereafter, the major penalty imposed on the writ petitioner is highly excessive.

6. The learned Central Government Standing Counsel appearing on behalf of the respondents objected the said contentions by stating that the petitioner left the Bus unattended, which caused the accident. The SI/Exe Sabu Thomas (PW-1), the shift in-charge of ‘A’ shift on 27.12.2012, deposed in his statement that Bus bearing No. TN 31 CZ 0407 driven by the petitioner reached at Mine-IA Main Gate. The petitioner parked the vehicle inside the Mine-IA Main Gate 10 meters away from the stopper