NEW DELHI: Observing that indiscipline cannot be tolerated in an armed force, the Supreme Court on Thursday held that dismissal from job is appropriate and not excessive punishment for misconduct with the superior and of insubordination.
A bench of Justices M R Shah and C T Ravikumar quashed the order of Rajasthan high court which had directed job restoration of a CRPF personnel who was removed from the job for misbehaving with seniors after consuming liquor. The HC had said that the punishment of dismissal was excessive.
тАЬIt cannot be said that the punishment of dismissal can be said to be strikingly disproportionate warranting the interference of the high court in exercise of powers under Article 226 of the Constitution of India. In the facts and circumstances of the case and on the charges and misconduct of indiscipline and insubordination proved, the CRPF being a disciplined force, the order of penalty of dismissal was justified and it cannot be said to be disproportionate and/or strikingly disproportionate to the gravity of the wrong,” the bench said
The court allowed the appeal filed by the Centre against the HC order, saying that the HC тАЬcommitted a very serious error in interfering with the order of penalty of dismissal imposed and ordering reinstatementтАЭ.
The disciplinary authority imposed the penalty of dismissal after holding a departmental inquiry and after following the due procedure as per the CRPF Rules. The charges and misconduct held to be proved against him for misbehaving with superior and giving threats of dire consequences to the superior, under the influence of intoxication.
Referring to apex court’s earlier order, the bench said тАЬit is observed that even in a case when a CRPF personnel was awarded imprisonment under Section 10(n) for an offence which though less heinous, he can be dismissed from service, if it is found to be prejudicial to good order and discipline of CRPF. Under the circumstances, the reasoning given by the High Court that as the respondent is deemed to have committed a less heinous offence, the order of penalty of dismissal can be said to be disproportionate is not required to be acceptedтАЭ.
A bench of Justices M R Shah and C T Ravikumar quashed the order of Rajasthan high court which had directed job restoration of a CRPF personnel who was removed from the job for misbehaving with seniors after consuming liquor. The HC had said that the punishment of dismissal was excessive.
тАЬIt cannot be said that the punishment of dismissal can be said to be strikingly disproportionate warranting the interference of the high court in exercise of powers under Article 226 of the Constitution of India. In the facts and circumstances of the case and on the charges and misconduct of indiscipline and insubordination proved, the CRPF being a disciplined force, the order of penalty of dismissal was justified and it cannot be said to be disproportionate and/or strikingly disproportionate to the gravity of the wrong,” the bench said
The court allowed the appeal filed by the Centre against the HC order, saying that the HC тАЬcommitted a very serious error in interfering with the order of penalty of dismissal imposed and ordering reinstatementтАЭ.
The disciplinary authority imposed the penalty of dismissal after holding a departmental inquiry and after following the due procedure as per the CRPF Rules. The charges and misconduct held to be proved against him for misbehaving with superior and giving threats of dire consequences to the superior, under the influence of intoxication.
Referring to apex court’s earlier order, the bench said тАЬit is observed that even in a case when a CRPF personnel was awarded imprisonment under Section 10(n) for an offence which though less heinous, he can be dismissed from service, if it is found to be prejudicial to good order and discipline of CRPF. Under the circumstances, the reasoning given by the High Court that as the respondent is deemed to have committed a less heinous offence, the order of penalty of dismissal can be said to be disproportionate is not required to be acceptedтАЭ.
