In a significant ruling, the Punjab and Haryana High Court has directed the Central Industrial Security Force (CISF) to reinstate a constable, Ravinder Kumar Rana, a resident of Ropar in Punjab, more than a quarter-century after he was dismissed from service. The court held that the punishment of removal was "wholly disproportionate" to the unsubstantiated allegations of misconduct.
Court Slams Inquiry, Cites Lack of Evidence
The bench of Justice Sandeep Moudgil, while allowing Rana's petition on Wednesday, delivered a sharp critique of the disciplinary proceedings initiated against him. Rana was recruited into the CISF in 1992. His troubles began in June 1998 when he was placed under suspension while posted at the ONGC Nazira Unit in Assam. The charges against him included assaulting a superior officer, misbehaviour, and habitual misconduct.
Following a departmental enquiry, he was formally removed from service on October 5, 1998. His subsequent appeal was dismissed in May 1999, leading him to approach the high court.
The court meticulously examined the inquiry record and found glaring inconsistencies. It noted that although ten witnesses were examined, a majority did not support the prosecution's case. Six witnesses explicitly stated that no untoward incident occurred, while others admitted their knowledge was based on hearsay.
Despite this, the inquiry officer held all charges as proven—a conclusion the court branded as "non-application of mind." The judgment also highlighted the conspicuous absence of any medical evidence to back the claim of physical assault, despite the petitioner's repeated requests for it.
Principles of Natural Justice Violated
The High Court's ruling emphasized the foundational principles governing service disciplinary matters, especially in forces like the CISF. "Disciplinary proceedings in service matters... are governed by the twin principles of natural justice and reasoned decision-making," the court observed.
It further stated that while authorities enjoy wide discretion in disciplinary matters, this power is subject to judicial review to ensure it is not arbitrary, mala fide, or unsupported by evidence. Crucially, the bench ruled that past conduct cannot be used to justify removal when current allegations themselves are unsubstantiated.
The court rejected the central government's attempt to rely on Rana's past disciplinary record to establish "habitual misconduct," holding that prior minor penalties cannot override the requirement of concrete proof for the immediate charges.
Reinstatement with Full Benefits Ordered
Declaring that the proceedings were "vitiated by procedural impropriety" and resulted in a penalty that "should not shock the conscience," the High Court issued clear directives. The CISF has been ordered to reinstate Ravinder Kumar Rana with all consequential benefits.
This comprehensive relief includes:
- Payment of arrears of salary and allowances for the intervening period.
- Interest on the arrears at the rate of 6% per annum.
- All other service benefits as per rules.
The judgment underscores the judiciary's role in ensuring that administrative actions, particularly those affecting livelihoods, are fair, evidence-based, and proportionate. For Ravinder Kumar Rana, the court's verdict brings a long-delayed justice after a 27-year legal battle.
