CISF appeal against a single judge's order reducing a Constable's punishment for accidentally firing his AK-47 rifle on duty. The Division Bench held judicial review does not extend to reappreciating evidence or modifying punishment unless it shocks the conscience, set aside the writ order and allowed the appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
2024:MHC:2402
W.A.No.2045 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.06.2024
CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE C.KUMARAPPAN
Writ Appeal No.2045 of 2021 and
C.M.P.No.13019 of 2021
Chennai - 600 090.
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W.A.No.2045 of 2021
Vs.
R.Srinivasan ... Respondent
Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order passed in W.P.No.33857 of 2013 dated 30.11.2020.
For Appellants : Mr.V.Ashokkumar Central Government Standing Counsel
For Respondent : Mr.R.Thiyagarajan
J U D G M E N T
( Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)
The intra-court appeal has been instituted by CASO and Commandant,
CISF challenging the writ order dated 30.11.2020 passed in W.P.No.33857 of 2013.
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W.A.No.2045 of 2021
Mangalore and he was posted to serve in Mangalore Airport. A Charge Memorandum was issued to the respondent in proceedings dated 21.05.2012.
Two article of charges were framed and they are as under:
ARTICLE OF CHARGE-I
An act prejudicial to good order and discipline of the Force in that No.912294526 Const.R.Srinivasan of CISF Unit ASG Mangalore who was detailed in "C" shift duty on 09.05.2012 at Departure Gate of NITB and issue with AK-47 butt No.06 Reg.No.AD 510215 along with 60 rounds of 7.62 x 39mm and other accessories after proper briefing, accidentally fired one round from his AK-47 duty rifle in the Control Room of CISF ASG Mangalore at about 2320 hrs. This act on the part of No.912294526 Const. R.Srinivasan tantamounts to gross misconduct, indiscipline, dereliction of duty, violation of instructions and unbecoming of a member of a disciplined
Force i.e. CISF. Hence, the charge.
ARTICLE OF CHARGE-II
An act prejudicial to good order and discipline of the Force in that No.912294526 Const.R.Srinivasan of CISF Unit ASG Mangalore who was
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detailed in "C" shift duty on 09.05.2012 at Departure Gate of NITB and was relieved from duty post by the Shift I/C to attend to a nature call, instead of returning to his duty post after attending to the nature call in the bathroom, unauthorisedly entered the Control Room without permission from the competent authority, wherein he mishandled the weapon. This act on the part of No.912294526 Const.R.Srinivasan tantamounts to gross misconduct, indiscipline, dereliction of duty, violation of instructions and un becoming of a member of a disciplined Force i.e. CISF. Hence, the charge.
W.A.No.2045 of 2021
Enquiry and defended his case. The Enquiry Officer submitted his Final Report holding that the charges are proved. The finding of the Enquiry Officer has been accepted by the Disciplinary Authority and a final order has been passed in proceedings dated 15.06.2012, imposing the punishment of reduction to the lowest stage(i.e., minimum scale of pay) in the time scale of pay for a period of 03 (three) years with immediate effect. Further, it is ordered that the respondent will not earn increments of pay during the period of reduction and that on expiry of that period, the reduction will have the effect of postponing his future increments of pay. The respondent preferred an appeal before the Appellate Authority. The Appellate Authority passed final orders rejecting the appeal in proceedings dated 14.02.2013. The respondent preferred a revision petition. The Revisional Authority i.e Special Director General/Airport Sector Central Industrial Security Force, New Delhi modified the punishment to that of "Reduction of pay by one stage from Rs.9110 + G.P Rs.2400/- to Rs.8770/- + CP Rs.2400/- for a period of three (03) years in the pay band of Rs.5200 - 20200 + GP Rs.2400/- with further order that he will not earn 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."
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is under challenge in the writ petition filed by the respondent. The writ court allowed the writ petition by holding that the punishment imposed on the respondent is disproportionate to the gravity of the charges framed against him. The writ court considered the explanations submitted by the respondent that he noticed that the oil was leaking from his duty rifle and only to clean the same he entered the Control Room. At the time of cleaning the rifle, he had inadvertently cocked the rifle and pressed the trigger, in which, suddenly one round was fired on air. In paragraph no.12 of the order impugned, the learned Single Judge made a finding that imposition of appropriate punishment is within the discretion and judgment of the Disciplinary Authority. At this stage, it is appropriate to mention that, the Supreme Court has time and again held that, the court can interfere where the penalty imposed is arbitrary or grossly excessive or out of all proportion to the offence committed.
W.A.No.2045 of 2021
the legal principles settled by the Hon'ble Supreme Court of India. The learned Single Judge considered the explanations submitted by the respondent, which is beyond the scope of the powers of Judicial Review. The Revisional Authority has modified the punishment of postponement of increment is consequential to the punishment of reduction of pay. Therefore, the same cannot be construed as double punishment. Thus, the writ appeal is to be allowed.
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justice has been complied with. The procedures governing the disciplinary proceedings are also followed by the Authorities. Regarding the quantum of punishment, High court in exercise of the powers of Judicial Review is not expected to interfere except in extraordinary cases, where the punishment imposed by the Disciplinary Authority is shocking to the conscious of the Court.
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[S.M.S.,J.] [C.K.,J.] 14.06.2024 Index : Yes/No Speaking Order : Yes/No Neutral Citation : Yes/No veda
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To
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S.M.SUBRAMANIAM, J. AND C.KUMARAPPAN, J.
veda
Judgment in W.A.No.2045 of 2021
14.06.2024
Page No.11 of 11
2 issues framed by the court
Whether the High Court in judicial review can interfere with the quantum of punishment imposed in disciplinary proceedings against a CISF Constable.
Whether the punishment of reduction of pay for three years for accidental firing of an AK-47 was disproportionate.
1 provisions across 1 enactments
CASO and Commandant, CISF-ASG Mangalore
The Deputy Inspector General/AP-SZ, Central Industrial Security Force, Chennai
Inspector General/Airport Sector, Central Industrial Security Force, New Delhi
R.Srinivasan
S.M.Subramaniam
C.Kumarappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
