New Delhi: The Supreme Court on Friday restored the penalty of dismissal from service imposed on a Central Industrial Security Force (CISF) personnel for contracting a second marriage while his first wife was still alive, underscoring the importance of discipline, public trust, and integrity within uniformed forces.
A Bench comprising Justice Sanjay Karol and Justice Vipul M. Pancholi observed that rules governing the conduct of force personnel are rooted in the institutional necessity to maintain the highest standards of discipline and ethical behaviour. The Court held that inconvenience or harsh consequences resulting from the violation of law cannot dilute statutory provisions or service rules.
High Court Order Set Aside
Allowing the appeal filed by the Centre and others, the apex court set aside the Gauhati High Court’s order, which had directed the disciplinary authority to reconsider and reduce the punishment. The Supreme Court restored the findings and penalty imposed by the disciplinary authority, which had earlier been upheld by the appellate and revisional authorities.
Case Background
The Court noted that the individual concerned had joined the CISF as a constable in July 2006. His first wife later submitted a written complaint alleging that he had solemnised a second marriage in March 2016 while the first marriage was still subsisting. This allegation was subsequently confirmed during the departmental inquiry.
Following a detailed investigation, an inquiry officer was appointed, and disciplinary proceedings were initiated. The disciplinary authority found the charges proved and imposed the penalty of dismissal from service. This decision was affirmed by both the appellate and revisional authorities.
Legal Journey and Supreme Court’s Observations
The matter later reached the Gauhati High Court, where a single judge opined that removal from service, instead of dismissal, would be more appropriate and remitted the matter to the authorities. Subsequently, a division bench of the High Court also directed the competent authority to reconsider the quantum of punishment.
However, the Supreme Court disagreed with this approach. Referring to relevant service rules governing recruitment and conduct in the CISF, the Bench emphasized that such rules are designed to ensure discipline, uphold public confidence, and maintain institutional integrity among force personnel.
Discipline Paramount in Uniformed Services
The Bench categorically stated that maintaining discipline and adherence to service rules is essential in armed and paramilitary forces. It reiterated that courts should exercise restraint in interfering with punishments imposed after due process unless they are shockingly disproportionate, which was not the case here.
Accordingly, the Supreme Court restored the original order of dismissal, reaffirming the authority of disciplinary mechanisms within the CISF.
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