The court upheld the disciplinary action and punishment imposed by the appellate authority, emphasizing the seriousness of the proved misconduct.

JUDGMENT

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the order passed by the second respondent in his Order No.V-11014/56/2014/L&R-1039, dated 27.10.2014 confirming the order of the third respondent in his Order No.V-15014/L&R/SS/App/ SNR/2013/243, dated 28.11.2013 enhancing the order of the fourth respondent in his Order No.V-15015/06/2013/L&R(SZ)/5777, dated 05.08.2013 and the order of the fifth respondent in his final Order No.V-15014/CISF/GHC/MAJ/AD.V/NMPT/SNR/2013/942, dated 18.02.2013, quash the same and to direct the respondents to pay all benefits.)

1. The writ petition is filed challenging the order of punishment.

2. The writ petitioner joined as Constable on 19.06.2000 in the Central Industrial Security Force (CISF) and served for about 14 years. While the petitioner was working at Central Industrial Security Force Unit NMPT, Mangalore, a charge memorandum under Section 36 of the Central Industrial Security Force Rules, 2001 [hereinafter referred to as the 'CISF Rules, 2001', in short] was issued in proceedings dated 01.12.2012, framing the following article of charge:-

“ARTICLE OF CHARGE-I

That No.001480285 Constable Sarepaka Nageswara Rao of CISF Unit NMPT-Mangalore exhibited gross misconduct and serious act of indiscipline in that while he was performing 'C' shift duty from 2100 hrs on 10.11.2012 to 0500 hrs on 11.11.2012 at Delta-II (Atul) marine patrolling boat with arms and ammunitions, consumed alcohol in the boat along with No.064840066 Constable Jitendra Singh Parmar who has been deployed for duty along with him in the same boat, at about 2320 hrs on 10.11.2012 and he misbehaved, abused and threatened the crew members of Delta-II (Atul) patrolling boat under the influence of alcohol. This act on the part of No.001480285 Constable Sarepaka Nageswara Rao of CISF Unit, NMPT-Mangalore tantamount to gross misbehaviour in violation of standing orders for boat patrolling, indiscipline, dereliction of duty and conduct unbecoming of the member of an Armed Force Union.”

3. The petitioner submitted his written statement of defence denying the allegations. Not satisfied with the explanation, the Disciplinary Authority appointed an Enquiry Officer, who in turn conducted an enquiry by affording an opportunity to the writ petitioner. The petitioner participated in the process of enquiry and defended his case. The Enquiry Officer submitted his report holding that the charges are proved against the writ petitioner. Based on the proved charges, the Disciplinary Authority imposed the punishment of withholding one of increment for a period of one year with cumulative effect. The period of suspension was also regularised by the order of the fifth respondent dated 01.05.2013.

4. Thereafter the fourth respondent/Deputy Inspector General issued a show cause noice on 11.07.2012. The show cause notice states that the proved charges of consumption of liquor while on duty was a serious misconduct and there is absolutely no room for such personnel in any Armed Force. It states that the charged official has consumed alcohol while on boat patrolling duty on the sea with arms and ammunitions and therefore, it becomes a very serious misconduct. Although the Boat Master became hostile during regular enquiry, it is on record that he had initially deposed that the charged official had threatened him by pointing the rifle towards him when he declined to move the boat due to rain and the introxicated condition of the charged official and Constable J.S.Parmar. Therefore, the act committed by the charged official is one of the serious offences deserving stringent punishment, but the Disciplinary Authority had taken a lenient view and awarded penalty of withholding of one year increment for a period of one year with cumulative effect. Therefore, the Apellate Authority proposed to enhance the penalty awarded by the