Punjab and Haryana high court: Reinstate CISF constable sacked in 1998

CHANDIGARH: Twenty-eight years after a CISF constable was sacked on charges of assault and misconduct with seniors, on Oct 5, 1998, Punjab and Haryana high court has directed his reinstatement, observing that the punishment was excessive.

The bench of Justice Sandeep Moudgil said that past conduct could not be used to justify removal from service when current allegations were unsubstantiated. HC was of the view that punishment must be commensurate with the gravity of misconduct and "should not shock the conscience".

"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. While the authority enjoys wide discretion in matters of discipline, the exercise of such discretion is judicially reviewable to ensure it is not arbitrary," HC said, while allowing a petition filed by Ravinder Kumar Rana, a resident of Ropar in Punjab.

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