Judicial review of disciplinary proceedings is limited to assessing procedural fairness and legality. Courts do not re-appreciate evidence or interfere with punishment unless the decision is perverse, violates principles of natural justice, or the penalty imposed is shockingly disproportionate to the proven misconduct.

J U D G M E N T (ORAL)

AMIT MAHAJAN, J.

1. The present Petition has been filed assailing the impugned orders dated 22.03.2024, 22.02.2025 and 23.09.2025, passed during the disciplinary proceedings conducted against the Petitioner herein, vide which he was held guilty of the charges imposed and consequently removed from service.

2. Succinctly stated, the Petitioner was appointed in the Central Reserve Police Force (‘CRPF’) on 25.08.2011 to the post of Constable/GD.

3. On 01.06.2023, the Petitioner was arrested in FIR No. 256/2023 registered at Police Station Chaubepur, Varanasi, under section 302 of the Indian Penal Code, 1860 and was sent to judicial custody. Hence, on 02.09.2023, the Commandant-70 BN CRPF, proposed to initiate inquiry against the Petitioner and a memorandum of charge was issued upon him, details of which are reproduced herein below: -

“Details of the charges levelled against Bal no 110727137 Constable Manish Kumar Upadhyay (G/70 Bn)

Item – ONE

That Bal No 110727137 Constable /Manish Kumar Upadhyay (G/70 Bn), while working as a Constable/GD in the CRPF, being a member of the Force Under Section 11(1) of the CRPF Act 1949, has committed disobedience of orders/neglect of his duty/laxity in the discharge of his duty/other misconduct or misbehavior. In this, form 06/04/2023 until now, he has remained absent from duty of his own volition without the permission of any competent authority, misguided the force by giving wrong information to the department and submitting an application for extension of leaves on the basis of false facts, which is against the good conduct/behavior of the force as a disciplined force member.

Item – TWO

That Bal No Constable/GD Manish Kumar Upadhyay (Gn/70 Bn), while working as a Constable/GD in the CRPF being a member of the Force Under Section 11 (1) of the CRPF Act 1949, has committed disobedience of orders/neglect of his duty/laxity in the discharge of his duty/other misconduct or misbehavior. The personnel has been informed under letter number Reader/SHO (Prosecution Sanction)/2023 dated 01/08/2023 from the office of Police Station- Chaubepur Commissioneraate Varanasi that he has been arrested under registered Case Crime No 256/2023 Under Section 302 at the local police station and sent to judicial custody. The personnel did not inform the force about the arrest and concealed the facts from the department. Due to this act of the personnel, the image of the force has been tarnished. This unseemly act is against the good conduct/behavior of the force as a disciplined force member.

(Tashi Gayalik) Commandant-70 Battalion CRPF”

4. The “details of accusation of disobedience/neglect of duty/laxity in performance of duty or other misconduct as a member of the force”, issued upon the Petitioner are reproduced herein below: -

“Discription of the imputation of misconduct or misbehaviour in support of the charges leveled against Bal No 110727137 Constable/GD/10 Bn

Item- ONE

That is to say that Bal No. 110727137 Constable/GD Manish Kumar Upadhyay (GD/10 Bn) while working as a Constable/GD being a member of the Force under Section 11(1) of the CRPF Act 1949, committed disobedience of orders/neglect of his duty/laxity in the discharge of his duty/other misconduct or misbehavior Bal No.110727137 Constable/GD Manish Kumar Upadhyay was on 15 days casual leave from 16/03/2023 to 05/04/2023 (including permission dated 30/03/2023 & 04/04/2023,GH 22/03/2023 , RA 19/03/2023, 28/03/2023 & 02/04/2023 and Sunday ). After the leave expired, the perso