Disciplinary authority's judgment on misconduct and punishment is primarily upheld unless shockingly disproportionate.

JUDGMENT

(Judgment of the Court was delivered by G.R.Swaminathan, J.) The unsuccessful writ petitioner has filed this writ appeal. The writ petitioner joined CISF as Constable on 16.02.2002. When he was on duty at Madurai Airport on 18.08.2011, he was found sitting on a chair elsewhere and not in the allotted duty spot. When it was questioned by the Head Constable / Sohan Singh, the appellant had assaulted him with rifle butt twice on his forehead. Hence, charge memo was issued on

29.08.2011. It contained the following three articles of charge:-

“ARTICLE OF CHARGE - I That No-024380285 Const./GD Ajai. A. R of CISF Unit ASG Madurai Airport was detailed for Quarter Guard rear side sentry duty from 2200 hrs to 2400 hrs on 18.08.2011. While on duty at about 2210 hrs, No-024380285 Const./GD Ajai. A. R was found sitting on a plastic chair in front side beat of Quarter Guard by leaving his duty post, which was noticed by the No-833220088 HC/GD Sohan Singh, Guard Commander and No-102850646 Const./GD Ramanamurthy. K, who was detailed for Quarter Guard front side sentry from 2200 hrs to 2400 hrs on 18-08-2011. No-024380285 Const./GD Ajai. A. R after leaving his duty post of rear side Quarter Guard unattended and found sitting on a plastic chair at the front side beat of the Quarter Guard while on duty which amount to gross misconduct and dereliction of duty unbecoming of a member of an Armed Force of the Union. Hence the charge.

ARTICLE OF CHARGE - II That No-024380285 Const./GD Ajai. A. R of CISF Unit ASG Madurai Airport was detailed for Quarter Guard rear side sentry duty from 2200 hrs to 2400 hrs on 18.08.2011. While on duty at about 2210 hrs, No-024380285 Const./GD Ajai. A. R was found sitting on a plastic chair in front side beat of Quarter Guard by leaving his duty post, which was observed by the Guard Commander HC/GD Sohan Singh and he was directed by the Guard Commander to deposit the chair inside the Quarter Guard and perform Quarter Guard duty in standing position at the rear side of Quarter Guard, but No-024380285 Const./GD Ajai. A. R refused to carry out the lawful orders of his senior which act amounts to gross misconduct and dereliction of duty and an act of unbecoming of a member of an Armed Force of the Union. Hence the charge.

ARTICLE OF CHARGE - III That No-024380285 Const./GD Ajai. A. R of CISF Unit ASG Madurai Airport was detailed for Quarter Guard rear side sentry duty from 2200 hrs to 2400 hrs on 18.08.2011. While on duty at about 2210 hrs, No-024380285 Const./GD Ajai. A. R had an argument with No-833220088 HC/GD Sohan Singh, Guard Commander the near the front side beat of Quarter Guard and he assaulted the Guard Commander, HC/GD Sohan Singh, in front of No-102850646 Const./GD Ramanamurthy. K, with 5.56 INSAS Rifle Butt (Butt No. 17, Regd No. 18148581) issued to him for performing bonafide duty at Quarter Guard, as a result No. 833220088 HC/GD Sohan Singh sustained injury above left eyebrow and below left eye. The above act on the part of No. 024380285 Const/GD Ajai A.R. of CISF Unit ASG Madurai Airport amounts to serious misconduct gross insubordination and dereliction of duty unbecoming of a member of an Armed Force of the Union. Hence the charge.”

The petitioner offered his explanation dated 11.09.2011. Not satisfied with the same, departmental enquiry was ordered. As many as eight witnesses wee examined in support of the charges. The enquiry officer submitted his report dated 30.10.2011 holding that all the three charges framed against the appellant stood established. Copy of the report was served on the appellant. After getting his further representation, the disciplinary auth