Rajasthan HC cancels CRPF Constable’s Dismissal For Entering Fellow Constable’s Home When His Wife Was alone
The Jaipur bench of the Rajasthan High Court has overturned the dismissal of a CRPF constable who was terminated for entering a fellow constable’s residential quarters when only his wife and young child were present. The constable allegedly attempted to flee when confronted. The court ruled that the punishment was excessive and disproportionate to the offense.
Court Emphasizes Fairness in Punishment
Justice Anoop Kumar Dhand, who presided over the case, stated that while discipline is crucial in security forces, punishments must be fair and just. He emphasized that judicial review allows courts to intervene when a penalty is excessive and affects not just the employee but also their family’s livelihood.
The court pointed out that while the constable overstayed his leave, no formal charge was framed against him regarding this issue. Since he was not given a proper hearing on the matter, treating his actions as misconduct without due process was unjust.
Court Cites Supreme Court’s Doctrine of Proportionality
The High Court referred to previous Supreme Court rulings, which state that punishments should be proportionate to the misconduct committed. It reiterated that a penalty that is “shockingly disproportionate” violates fundamental rights under Articles 14 and 16 of the Constitution of India.
The court clarified that its decision was not based on misplaced sympathy but on ensuring fairness and justice. It ruled that the punishment of dismissal was too harsh for the alleged act and should be reconsidered.
Case Sent Back for Reconsideration
In its final decision, the High Court ordered that the matter be sent back to the concerned authority for a fresh decision on the appropriate punishment. The authority has been given three months to review the case and pass a new order.
