CISF Personnel Held To High Standards Of Conduct; Public Drinking, Violent Altercation Warrant Dismissal: Delhi High Court
Image Courtesy: Economic Times
The Delhi High Court has upheld the dismissal of a CISF constable, observing that personnel of a disciplined armed force entrusted with maintaining public confidence are held to high standards of conduct and restraint.
A Division Bench of Justices Anil Kshetrapal and Amit Mahajan held that the constable's act of consuming liquor in a public place, participating in a violent altercation that culminated in the death of an Indian Army personnel, and bringing disrepute to the force constituted gross misconduct warranting dismissal, notwithstanding his subsequent acquittal in the criminal case.
Petitioner-constable had proceeded on sanctioned leave in January 2018. During the leave period, he allegedly consumed liquor along with his friends at Dhom Dam in Maharashtra and became involved in a scuffle during which an army person died.
An FIR was registered against him under Sections 302 and 34 of the IPC, while the CISF simultaneously initiated departmental proceedings charging him with consuming liquor in a public place, participating in the scuffle and tarnishing the image of the force.
Following a departmental inquiry, the charges were held to be proved and he was dismissed from service. His appeal and review were also rejected. Although he was subsequently acquitted by a Sessions Court after key prosecution witnesses turned hostile, the departmental authorities maintained that the misconduct stood established on the standard of preponderance of probabilities.
Before the High Court, Petitioner argued that once he had been acquitted in the criminal trial, the departmental punishment could not survive. He also contended that there was no medical evidence proving alcohol consumption and that there were no eyewitnesses implicating him in the death.
Rejecting the challenge, the Court observed that the departmental authorities had relied on Petitioner's own statement admitting that he participated in the liquor gathering and the subsequent altercation.
It observed,
“The Petitioner was a member of CISF i.e. a disciplined armed force entrusted with duties carrying high standards of conduct, restraint and public confidence. The proved misconduct is not confined merely to private consumption of alcohol. The findings recorded are of consumption of liquor at a public place, participation in violent altercation, involvement in an occurrence culminating in death of Ganesh who was enrolled with the Indian Army and conduct bringing disrepute to the force. In such circumstances, it cannot be said that the penalty of dismissal shocks the conscience of this Court.”
It added that once such charges, which strike at the core of integrity, have been partly admitted by the Petitioner and there is evidence supporting the same, the quantum of punishment imposed would lie primarily within the domain of the Competent Authority
As such, it dismissed the petition.
Appearance: Mr. Ankur Chhibber, Mr. Anshuman Mehrotra, Advs. for Petitioner; Mr. Piyush Beriwal, Ms. Ruchita Srivastava, Advs. for Respondents
Case title: Pisal Sagar Vishnu v. UoI
Case no.: W.P.(C) 7264/2022