Judicial review of disciplinary actions is limited to assessing procedural fairness and perversity. Since departmental inquiries rely on the preponderance of probabilities rather than criminal evidentiary standards, minor procedural objections lacking proof of actual prejudice cannot invalidate disciplinary penalties, particularly regarding misconduct in disciplined services.

Headnote:(A) Service Law - Constitution of India, Article 226 - Disciplinary proceedings - Scope of judicial review - Court’s role is limited to assessing procedural fairness, violation of natural justice, or perversity of findings - Appellate courts should not substitute their assessment for that of the competent authority when material on record supports the conclusion. (Para 15)

(B) Principles of Natural Justice - Legal assistance - Mere allegations of involuntary waiver of assistance are insufficient without contemporaneous evidence of coercion - Procedural lapses must cause demonstrable prejudice to the delinquent to invalidate disciplinary proceedings. (Paras 19, 23)

(C) Evidence - Standard of proof - Departmental proceedings are governed by the standard of preponderance of probabilities - Lack of scientific medical tests for intoxication does not invalidate findings when corroborated by oral testimony and contemporaneous official records. (Paras 29, 31)

(D) Punishment - Proportionality - Interference with penalty is permitted only if the punishment shocks the judicial conscience - Repeated misconduct in a disciplined force justifies severe penalties despite a long service record. (Paras 42, 43, 45)

Facts of the case:
A member of a disciplined force faced disciplinary proceedings for multiple acts of misconduct, including unauthorized absence, intoxication during duty, and insubordination towards superiors. Following a domestic inquiry where charges were held to be proven, the employee was compulsorily retired. The employee contested the order, alleging denial of legal assistance, non-supply of documents, lack of scientific evidence for the intoxication charge, and disproportionate punishment.

Findings of Court:
The court determined that the inquiry followed due process, provided the employee with adequate opportunity to respond, and was based on sufficient evidentiary material. Challenges regarding procedural irregularities failed to establish actual prejudice, and the court maintained that the standard of proof was met via the preponderance of probabilities.

Issues: The main issues were whether the inquiry was vitiated by a violation of natural justice or procedural errors, whether the absence of scientific evidence rendered the findings of intoxication invalid, and whether the punishment was disproportionate to the proved misconduct.

Ratio Decidendi: Judicial review in disciplinary matters is restricted to ensuring that findings are not perverse and that procedural safeguards are met; absent evidence of manifest prejudice from procedural lapses, interference is not warranted, especially when findings are supported by the preponderance of probabilities in the context of maintaining discipline in an armed force.

Result: Petition dismissed.

Table of Content
1. factual matrix of the disciplinary enquiry and impugned orders. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12)
2. summary of rival contentions regarding procedural fairness and misconduct. (Para 13 , 14)
3. principles of natural justice require demonstrable prejudice for procedural claims. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27)
4. departmental inquiries operate on preponderance of probabilities, not strict criminal evidence rules. (Para 28 , 29 , 30 , 31 , 32 , 33)
5. judicial review is limited to errors of law, not re-appreciating evidence for perversity. (Para 34 , 35 , 36 , 37 , 38 , 39 , 40)
6. disproportionate punishment interference is reserved for cases shocking the court's conscience. (Para 41 , 42 , 43 , 44 , 45)
7. dismissal of the petition and affirmation of the disciplinary authority's decision. (Para 46 , 47)

JUDGMENT :

ANIL KSHETARPAL, J.

1. By way of the present Petition, the Petitioner seeks issuance of a writ in the nature of Certiorari for quashing of the order dated 30.10.2022 ['Impugned Order'] passed by the Respondent No.6/Commandant, 238 Battalion, Central Reserve Police Force ['CRPF'], whereby the penalty of compulsory retirement from service was imposed upon the Petitioner under Section 11(1) of the Central Reserve Police Force Act, 1949 ['CRPF Act'] read with Rule 27 of the Central Reserve Police Force Rules, 1955 ['CRPF Rules']. The Petitioner has also assailed the appellate order dated 16.03.2023, revisional order dated 28.08.2023, as well as subsequent orders dated 06.02.2024 and 04.04.2024 whereby the challenge laid by the Petitioner to the disciplinary action came to be rejected. The Petitioner further seeks consequential directions for reinstatement in service with continuity of service, back wages and all attendant benefits.

FACTUAL MATRIX

2. In order to appreciate the controversy involved in the present Petition, the relevant facts, in brief, are required to be noticed.

3. The Petitioner was appointed as Constable/GD in the CRPF on 21.03.2001 and had been serving in the Force for a period of more than two decades at the relevant time. During his tenure, disciplinary proceedings came to be initiated against him vide Memorandum of Charges dated 25.10.2021 issued under Section 11(1) of the CRPF Act read with Rule 27 of the CRPF Rules.

4. The substance of the allegations levelled against the Petitioner, as borne out from the record, pertains broadly to acts of alleged indiscipline and misconduct committed on different occasions. It is alleged that on 21.06.2021, while performing sentry duty at Morcha No.2 of G/238 Battalion, the Petitioner was found in an intoxicated condition and had misbehaved with his superior officers. It is further alleged that the Petitioner had a history of similar misconduct relating to consumption of alcohol, despite earlier punishments imposed upon him.

5. It is further alleged that during the period of quarantine in August, 2021, particularly on 12.08.2021 and 13.08.2021, the Petitioner left the quarantine centre without permission and returned in an inebriated condition. Additionally, it is alleged that pursuant to his transfer for official duty from Delhi to Bhopal, the Petitioner failed to report to the place of posting and remained absent without leave for a period of 11 days, i.e., from 15.08.2021 to 25.08.2021, and reported only on 26.08.2021.

6. On the basis of the aforesaid allegations, a departmental enquiry was initiated against the Petitioner. An Enquiry Officer was appointed and the Presenting Officer was also nominated in accordance with the applicable rules and circulars governing disciplinary proceedings within the Force.

7. The record indicates that during the course of enquiry proceedings, a preliminary hearing was conducted wherein the Petitioner was informed of the charges levelled against him. The Petitioner participated in the proceedings and was also apprised of his right to avail the assistance of a Defenc

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