Table of Content
1. background of misconduct charges and the subsequent imposition of disciplinary punishment. (Para 2 , 3 , 4)
2. determination of whether the punishment imposed was proportionate to the established guilt. (Para 5)
3. modification of punishment to remove cumulative effect based on service record and pensionary implications. (Para 6)

J U D G M E N T

(Order of the Court was delivered by G.R.SWAMINATHAN, J.)

Heard both sides.

2.The writ petitioner Ravikumar joined Central Industrial Security Force as Constable in the year 1988. He was subsequently selected as Compounder in the year 1992. The post of Compounder was redesignated as Pharmacist in the year 1996.

3.He was served with charge memo dated 21.09.2015. It contained the following article of charge:-

“No.882330596 Pharmacist S.Ravi Kumar of CISF 4th Reserve Battalion Sivagangai while on duty on 26.08.2015 at about 1100 hrs indulged in misbehaviour with Smt Kiran W/o.No.104473414 Constable/GD Yogesh Kumar in the presence of other pharmacist M.Ravichandran by commenting that she doesn't seem to be a patient, but has good personality, health and he felt as if she was a serving CISF Constable, when she was preparing OPD slip in the hospital of 4th RB Sivagangai. Again, on 31.08.2015 at about 1330 hrs, he also went to the residence of Smt.Kiran Yogesh Kumar Markam when her husband was away on IS duty at CISF Unit, DMRC New Delhi, on the pretext of checking of medicine and was engaged in perverse conversation with an ulterior motive to commit misbehaviour with her. Thus, the act on the part of No.882330596 Pharmacist S.Ravi Kumar of CISF 4th Reserve Battalion Sivagangai amounts to gross misconduct, indiscipline and unbecoming conduct of para medical staff of an Armed Force of the Union.”

Hence, the charge.”

4.Enquiry was conducted and the enquiry officer gave a finding that the charge stood established. After getting the writ petitioner's explanation, the disciplinary authority imposed the punishment of reduction of pay with cumulative effect. The order passed by the disciplinary authority is as follows:-

“15. I therefore, in exercise of powers conferred upon me under Rule-12 and with Rule-11(v) of CCS CCA Rules 1965 , award the punishment of REDUCTION OF PAY BY ONE STAGE FROM RS.17410/- BASIC PAY + RS. 4800/- GRADE PAY TO RS.16760/- BASIC PAY + RS. 4800/- FOR A PERIOD OF TWO (02) YEARS WITH IMMEDIATE EFFECT. IT IS FURTHER ORDERED THAT HE WILL NOT EARN ANY INCREMENTS OF PAY DURING THE PERIOD OF REDUCTION AND THAT ON EXPIRY OF THIS PERIOD, THE REDUCTION WILL HAVE THE EFFECT OF POSTPONING HIS FUTURE INCREMENTS OF PAY to No.882330596 Pharmacist S.Ravi Kumar of CISF 4th RB Sivagangai.”

Aggrieved by the same, the writ petitioner filed an appeal before the appellate authority. The appellate authority also confirmed the punishment vide order dated 21.04.2016. The reviewing authority also declined to interfere. Challenging these orders, W.P.(MD) No.21145 of 2017 was filed. The learned single Judge disposed of the writ petition vide order dated 21.02.2023 in the following terms:-

“6. The contention that was raised by the petitioner is that the victim has not submitted any written complaint. However, on perusal of the available records, it is seen, even though, written complaint was not submitted, oral complaint was submitted. Based on which, necessary action has been initiated. The victim was directed to give statement during the preliminary enquiry. The first question is,

(i). Whether the Pharmacist Ravikumar tried to physically get in touch with you during the above narrated incident?

She has answered 'No'.

The second question is,

(ii). Whether he used any sexually abusing words or signs during the incident apart from the above?

She has answered 'No'. However, she has given an explanation that, his overall behaviour, look, way of talking, especially pressurizing in checking the pe

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