Chhattisgarh High Court Upholds Pay Cut Imposed On CISF Constable For Facebook Posts Against Indian Army, Paramilitary Forces
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The Chhattisgarh High Court has upheld the penalty of reduction of pay imposed on a CISF Constable for posting objectionable content against the Indian Army and para-military forces on Facebook, holding that the punishment was commensurate with the misconduct. The Court further observed that in exercise of jurisdiction under Articles 226 of the Constitution, it cannot interfere unless the enquiry suffers from procedural illegality or the punishment is shockingly disproportionate.
Justice Rakesh Mohan Pandey was hearing a writ petition filed by a CISF Constable challenging the orders passed by the disciplinary authority and appellate authority imposing the penalty of reduction of pay by one stage for one year with cumulative effect. The petitioner contended that he had never intended to insult the Indian Army or para-military forces and the department failed to lead clinching evidence in order to establish that objectionable social media posts were uploaded by the petitioner. He further contended that he was not afforded a proper opportunity of hearing, and that the punishment was excessive. The respondents submitted that the petitioner had uploaded five objectionable posts on his Facebook account on 23 and 24 June 2020, and that a full-fledged departmental enquiry had been conducted after following the prescribed procedure.
The Court found that the departmental enquiry had been conducted in accordance with law. It noted that the petitioner had participated in the enquiry and was afforded adequate opportunity to defend himself.
Referring to the Supreme Court's decisions in Union of India v. Datta Linga Toshatwad [(2005) 13 SCC 709], the Court reiterated”
“… penalty inflicted in a departmental inquiry can be interfered by the High Court while exercising power under Article 226 of Constitution of India if the order has been passed by an incompetent authority or if procedure to inflict the penalty has not been followed or if the penalty if disproportionate looking to the misconduct.”
The Court held that the petitioner had failed to demonstrate any procedural irregularity, violation of natural justice or incompetence of the disciplinary authority. It further noted that the penalty of reduction of pay by one stage with cumulative effect was appropriate in view of the misconduct involving objectionable social media posts against the Indian Army and para-military forces.
Accordingly, the writ petition was dismissed.
Case Title: Anupam Devnath v. Inspector General, Kendriya Audhogik Suraksha Bal & Ors. [WPS No. 6219 of 2021]