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S. M. SUBRAMANIAM
P. R. Kumawat – Appellant
Versus
Director General, Central Industrial Security Force, CISF Headquarters, New Delhi – Respondent
JUDGMENT
(Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records relating to the impugned order No.V-15014/L&R/SS/Rev/PRK/2014-10537 dated 27.09.2014 passed by the 2nd respondent confirming the order passed by the 3rd respondent in his Order No.V-11014/25/2006/L&R(SZ) 6319 dated 09.11.2006 modifying the order passed by the 4th respondent in his final order No.V-15014/GHC/AD.VI/PRK/CPCL/2005/121 dated 12.01.2006 and quash the same and direct the respondent to grant all consequential benefits.)
1. The modified punishment of “Reduction of pay by two stages for a period of two years with cumulative effect” imposed on the petitioner is under challenge in the present writ petition.
2. The petitioner is a Central Industrial Security Force (CISF) Constable. He was on deputation with Delhi Police and thereafter, transferred to CISF Unit, CPCL Manali in proceedings dated 09.11.2002. He was relieved on 12.07.2004 and did not report to CISF Unit CPCL Manali on being relieved by the Delhi Police. The respondents sent call up letter to his home address in letters dated 13.01.2005 and on 22.01.2005 and further on 05.02.2005
The court emphasized the importance of procedural compliance in disciplinary proceedings and upheld the principle of proportionality in imposing punishment.
The court ruled that while the petitioner was guilty of misconduct, the punishment of removal from service was found to be disproportionate, warranting reinstatement with a lesser penalty.
The court emphasized that a medical condition does not excuse an employee's failure to follow leave rules and report to the authorities, and that repeated misconduct can warrant severe punishment.
Regularization of unauthorized absence as Extraordinary Leave without salary precludes the continuation of disciplinary proceedings and consideration of the petitioner's long and clean service record....
The central legal point established in the judgment is that 'wilful overstaying' does not include situations where a person was forced to overstay due to health hazards, and that excessive punishment....
The court upheld the disciplinary action and punishment imposed by the appellate authority, emphasizing the seriousness of the proved misconduct.
The nature of misconduct proved by the Disciplinary Authority is grave in nature and the petitioner acted unbecoming of an Armed Force Personnel, while performing the patrolling duty.
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