SC upholds dismissal of CISF constable, says discipline and integrity paramount in force

New Delhi: The Supreme Court has upheld a 2001 order sacking a CISF constable, who had allegedly assaulted an officer after he reprimanded him for sleeping during patrolling duty, saying a sense of integrity, discipline and camaraderie is paramount given the nature of the force.

The apex court observed that the quantum of punishment is within the discretionary domain and sole power of the decision-making authority once the charge of misconduct stands proved.

Such discretionary power is exposed to judicial interference if exercised in a manner which is grossly disproportionate to the fault, as the constitutional courts while exercising the power of judicial review do not assume the role of the appellate authority, a bench of justices Sanjiv Khanna and Bela M Trivedi said.

The top court delivered its verdict on an appeal filed by the Centre and others against the January 2018 judgment of a division bench of the Orissa High Court which had affirmed the order of a single-judge bench setting aside the punishment of dismissal. It said on merits of the quantum of punishment imposed, the courts would not interfere unless the exercise of discretion in awarding punishment is perverse in the sense that it is grossly disproportionate.

The bench observed that the man was a constable in the Central Industrial Security Force (CISF), a specialised police force responsible for providing security to strategic establishments like the department of space, department of atomic energy and premises of establishments fundamental to the Indian economy.

Given the nature of the appellant's force, sense of integrity, commitment, discipline, and camaraderie is paramount, the apex court said in its judgement delivered on February 24.

It said no indulgence or latitude can be granted when the case is of violence and assault on the officer who had checked and reprimanded the constable.

The bench said as the constable had not even expressed any remorse or pleaded a good ground for having acted in the manner he did, it do not accept that the punishment of dismissal imposed by the appellate authority in February 2012 was grossly disproportionate to the quantum of the offence.

Observing that condoning the misconduct would have ramifications, the bench noted that discipline in the police force cannot be compromised.

The order passed by the appellate authority dated February 18, 2012, dismissing the respondent from service is upheld, it said. The apex court noted that the constable was on a shift duty on the intervening night of January 3-4, 2000 for patrolling between two watchtowers of the National Thermal Power Corporation Plant, Kaniha, and was found to be sleeping at one of the watchtowers by an officer.