In a significant ruling that underscores the principles of proportionality and natural justice in service matters, the Punjab and Haryana High Court has directed the reinstatement of a Central Industrial Security Force (CISF) constable who was dismissed from service 28 years ago in 1998.
Court Finds Punishment Disproportionate to Alleged Misconduct
The bench of Justice Sandeep Moudgil delivered the verdict on October 5, 2024, allowing a petition filed by Ravinder Kumar Rana, a resident of Ropar in Punjab. The constable was removed from service on charges of assault and misconduct with his seniors back in October 1998.
The court observed that the punishment of dismissal was excessive and did not align with the gravity of the alleged misconduct. Justice Moudgil stated that past conduct could not be used to justify removal from service when the current allegations remained unsubstantiated. The judgment emphasized that any penalty imposed must be commensurate with the offence and "should not shock the conscience."
HC's Emphasis on Natural Justice in Disciplinary Proceedings
In its detailed order, the High Court elaborated on the legal framework governing disciplinary actions in forces like the CISF. The bench noted that while the disciplinary authority enjoys wide discretion, this power is not absolute and is subject to judicial review to prevent arbitrariness.
"Disciplinary proceedings in service matters, particularly those involving civil or quasi-military forces such as CISF, are governed by the twin principles of natural justice and reasoned decision-making," the High Court said. The ruling reinforces that the exercise of discretionary power must be fair, reasoned, and proportional.
Long Legal Battle Ends in Justice for Sacked Constable
For Ravinder Kumar Rana, the court's order marks the end of a nearly three-decade-long legal struggle to clear his name and secure his job. The case highlights the critical role of the judiciary in acting as a check on administrative power, ensuring that employees are not subjected to unduly harsh penalties.
The judgment sets a precedent for similar cases, stressing that:
- Punishment must always be proportional to the proven misconduct.
- Unsubstantiated allegations cannot be the basis for severe penalties like removal.
- The principles of natural justice are paramount in all disciplinary proceedings.
The High Court's directive for reinstatement is a clear message that even in disciplined forces, the rules of fairness and due process must be rigorously followed. The detailed judgment is expected to be cited in numerous future service matters concerning disciplinary actions across various government and quasi-military organizations.
