Lawstreet Journal

Punishment Of Discharge From Service Is Not Disproportionate To ‘Corrupt’ Employee: SC [READ ORDER]

Lawstreet Journal 14 Sep 2020 5:23pm

Image courtesy: Lawstreet Journal Judiciary Punishment Of Discharge From Service Is Not Disproportionate To ‘Corrupt’ Employee: SC [READ ORDER]

The Apex Court was of the opinion that punishment of dismissal is not disproportionate to the corrupt employee while it dismissed the appeal of a CISF officer who was dismissed from his office for indulging in corruption. The Bench comprising of Justice NV Ramana, Justice S. Abdul Nazeer, and Justice Surya Kant noted that charges including corruption, misappropriation, and gross indiscipline are serious offenses and need to be dealt stringently. 

The petitioner Pravin Kumar joined the Central Industrial Security Force (CISF) in January 1995 as Sub-inspector. Later the petitioner was posted in the Crime and Intelligence Wing and was precisely entrusted with conducting surprise searches of personnel and taking strict action against anyone who indulged in corruption. But he was later terminated from service after conducting a disciplinary inquiry where the charges of corruption and extra-constitutional conduct was found proven against the petitioner. Even the Bombay High Court had dismissed the writ petition of the petitioner challenging the disciplinary inquiry. 

In this particular case, the authorities had appointed the inquiry officer and also registered a criminal complaint with the CBI. After, the investigation was done the CBI didn’t find adequate material to launch a criminal prosecution. The argument raised by the employee was that he should be acquitted in the disciplinary proceedings as no criminal charge sheet was filed by the CBI after their completion of the inquiry. The bench rejected this contention and stated that the employer always has the right to conduct an independent disciplinary proceeding irrespective of the results… Continue Reading...

Tagged: Supreme Court of India  
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