JUDGMENT AND ORDER (ORAL)

[N. Kotiswar Singh, J.]

Heard Mr. S. Hoque, learned counsel for the petitioner. Also heard Mr.

R.K. Dev Choudhury, learned Deputy Solicitor General of India, appearing for respondents.

2. The present appeal has been preferred by the appellant against the order dated 16.07.2019 passed by the learned Single Judge in WP(C) No.6282/2015 by which the learned Single Judge rejected the challenge to the final order dated 23.05.2015 passed by the Disciplinary Authority by which the penalty of compulsory retirement from service was imposed on the appellant with the benefits of pension and gratuity with immediate effect.

3. Brief facts of the case as may be relevant for deciding the appeal may be stated as follows.

4. The case of the appellant is that he was initially appointed as a Constable of Central Industrial Security Force (CISF) in the year 1986 and thereafter, he was promoted to the post of Head Constable in the year 2012 and he was still continuing in the said post till he was compulsorily retired from service by the impugned order.

5. According to the appellant, while discharging his duty as a Head Constable in CISF Unit of KoPT, Kolkata, he was detailed for a duty from 0600 hours to 1800 hours at a location and at about 1605 hours on 07.12.2014. When the 'B' shift In-charge/S.I./Exe T Sudhakar was checking the duty post, it was found that the appellant was talking on with his mobile phone and using the same during the duty hours which was strictly prohibited. Accordingly, the appellant was served with a Memorandum dated 29.01.2015, which contains three Articles of Charge, which are reproduced hereinbelow:-

ARTICLE OF CHARGE-I “An act highly prejudicial to good orders and discipline of the Force in that CISF No.863100019 HC/GD Hari Mohan Roy of CISF Unit KoPT Kolkata (“A” Coy) was detailed for day shift duty on 07.12.2014 from 0600 hrs to 1800 hrs at C.F.S. 1st and 2nd of NSD area, CISF Unit KoPT Kolkata. At about 1605 hrs on 07.12.2014, when ‘B” shift in-charge SI/ExeT Sudhakar went to check the duty post found that HC/GD Hari Mohan Roy was talking with his mobile phone in spite of instructions/directions were issued from time to time regarding not to bring mobile phone during duty hours. Such act on the part of CISF No. 863100019 HC/GD Hari Mohan Roy of “A” Coy of CISF Unit KoPT Kolkata tantamount to gross negligence, carelessness, disobey of law full orders and an act of unbecoming of a member of disciplined Force like CISF”. Hence the charge.

ARTICLE OF CHARGE-II “In that CISF No 863100019 HC/GD Hari Mohan Roy of CISF Unit KoPT Kolkata (“A” Coy) was detailed for day shift duty on 07.12.2014 from 0600 hrs to 1800 hrs at C.F.S. 1st and 2nd NSD area, CISF Unit KoPT Kolkata. At about 1605 hrs on 07.12.2014, when ‘B’ shift in-charge SI/Exe T Sudhakar went to check the duty post found HC/GD Hari Mohan was talking with mobile phone. On question of ‘B’ shift in-charge to handed over the mobile phone HC/GD Hari Mohan Roy refused and started unnecessary arguments with Insp/Exe A K Singh, Coy, Commander of ‘A’ Coy. Such act on the part of CISF No. 863100019 HC/GD Hari Mohan Roy of “A’ Coy of CISF Unit KoPT Kolkata tantamount to gross indiscipline, insubordination, dereliction for duty and an act of unbecoming of a member of disciplined Force like CISF”. Hence the charge.

ARTICLE OF CHARGE-III “In that No 863100019 HC/GD Hari Mohan Roy of CISF Unit KoPT Kolkata (“A” Coy) is not amenable to discipline and has not improved his conduct as expected from a member of disciplined Force, in-spite of having been penalized/punished earlier 02(Two) Major and 09(Nine) Minor penalties in various occasions for his incorrigible habits during his service tenure and thus, he is a habitual offender.” Hence the charge.

6. Accordingly, a disciplinary proceeding was initiated against the appellant. In the proceeding the appellant took the plea that at the relevant time he was talking with his wife who was seriously ill and who was undergoin