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SUPREME COURT OF INDIA
T.S. THAKUR, CJI., D.Y. CHANDRACHUD, L. NAGESWARA RAO, JJ.
CENTRAL INDUSTRIAL SECURITY FORCE & ORS. – Appellants
Versus
ABRAR ALI – Respondent
CIVIL APPEAL No. 2148 of 2015
Decided On : 14-12-2016
(2011) 4 SCC 584; (2015) 2 SCC 610 – Relied upon
(b) Service law – Armed forces – Indiscipline on the part of a member of an Armed Force has to be viewed seriously – Habitual offender – Past conduct can be taken into consideration while imposing penalty. (Para 9, 10)
(2009) 13 SCC 102 – Relied upon
(2006) 5 SCC 446 – Distinguished
Facts of the case:
The Respondent was appointed as a Constable in Central Industrial Security Force (CISF) on 10.09.1990. By a memorandum dated 08.10.1999, an inquiry was proposed under Rule 36 of the C.I.S.F. Rules, 1969 for allegations of misconduct and misbehaviour.
On charges being found proved the respondent was dismissed from service.
The High Court allowed the writ petition and directed reinstatement of the respondent with notional seniority.
Finding of the Court:
Impugned order is not sustainable.
Result: Appeal allowed.
JUDGMENT
L. NAGESWARA RAO, J.
The Respondent was appointed as a Constable in Central Industrial Security Force (CISF) on 10.09.1990. By a memorandum dated 08.10.1999, an inquiry was proposed under Rule 36 of the C.I.S.F. Rules, 1969 for allegations of misconduct and misbehavior for the following Charges:
“Article of Charge-I
No.903190893, Ct. Abrar Ali, Area No. IV, Central Industrial Security Force, BCCL Unit, Dhanbad was granted 2 days casual leave from 12.08.1999 to 13.08.1999 and 14.08.1999 was a second Saturday. He had to resume his duty on 15.08.1999 (F/N). But, he reported for his duty at 1730 hrs. Thereafter, Asstt. Commandant of Area No. 4 directed the said Abrar Ali to remain inside the Camp as there was apprehension of danger to his life from the residents of nearby Basti. At about 1900 hrs when Abrar Ali was searched by C.H.M. to serve his suspension order, he was again found absent from the Camp. The said member of the force did not even deposit his leave Certificate in the Unit Office after coming back from leave. Therefore, Abrar Ali No.903190893 being a member of armed forces, is grossly negligent towards his duties and has disobeyed the Orders/directions of the Superior Officers, which amounts to gross misconduct and indiscipline on the part of the said member. Hence, this Charge.
Article of Charge-II
No.903190893, Ct. Abrar Ali, Area No. IV, Central Industrial Security Force, BCCL Unit, Dhanbad was granted 2 days casual leave from 12.08.1999 to 13.08.1999 and 14.08.1999 was a second Saturday. The said member of the force while proceeding on leave took one girl named Anita Kumari D/o Shri Rajendr Rajbar R/o Lalten Basti, Angarpathra (Dhanbad), aged about 15-16 years with him to Delhi on the pretext of getting her married to a Hindu boy and come back after leaving the said Anita Kumari at the house of an old man. The brother of the said force member, Jamaruddin, who also is a member of the Delhi Armed Police took Anita Kumari to Dhanbad. On 20.08.1999, Anita Kumari made a statement before the Judicial Magistrate, Dhanbad, in FIR No.260/99 dated 13.08.1999. Thereafter, the said force member Abrar Ali surrendered in the Court of C.J.M., Dhanbad on 20.08.1999 from where he was sent to jail for committing the said offence. No. 903190893 Ct. Abrar Ali being a member of me force has committed an act of indiscipline and has maligned the image of the force, which is a serious misconduct. Hence, this Charge.
Article of Charge - III
Ct. Abrar Ali No. 903190893, Area No.IV, Central Industrial Security Force, BCCL Unit, Dhanbad, has already been awarded three punishments, 2 major punishments (deduction in pay) and one minor punishment (deduction of 7 days’ salary) for various acts of indiscipline and negligence during the short span of his service. Despite the aforesaid, he has failed to improve himself and to abide the rules, which shows that the said member is habitual of committing indiscipline. Hence this Charge.
2. The Commandant, Central Industrial Security Force, BCCL Unit, Dhanbad by a final order dated 28.11.2000 held the Respondent guilty of all the Charges. Finding the Respondent unworthy of retention in Force due to his acts of indiscipline and misconduct, the Disciplinary Authority dismissed the Respondent from service. Aggrieved by the Order of dismissal, the Respondent filed an appeal to the Deputy Inspector General, Central Industrial Security Force, BCCL Unit, Dhanbad. The Appellate Authority rejected the appeal by Order dated 01.02.2001. The Respondent was exonerated of Charge 2 and held guilty of Charges 1 and 3. The Revision Petition filed by the Respondent was dismissed by the Inspector General, E.S. Headquarters, Patna by an Order dated 31.12.2010. The punishment of dismissal from service imposed on the Respondent was found to be proportionate to the gravity of the misconduct by both the Appellate and Revisional Authorities. The Respondent filed Writ Petition no. 1241 of 2001 in the High Court of Delh
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