VidhiSangh

Supreme Court of India · 23/11/2022

UNION OF INDIA AND OTHERS versus SUBRATA NATH

[2022] 18 S.C.R. 605 · 2022 INSC 1221

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Summary

A CISF constable guarding a Kolkata Port scrap yard overnight in November 2007 failed to prevent the theft of about 800 kg of copper wire. He also had eight earlier punishments in 13 years, and after a departmental inquiry he was dismissed. A Single Judge of the Calcutta High Court converted the dismissal to compulsory retirement because the original Beat Book was unavailable. The Division Bench reappreciated the evidence and ordered reinstatement with full back wages and a lesser penalty. The Supreme Court restored the dismissal. Judicial review of disciplinary action examines the decision-making process, not the merits. Courts may not reappreciate evidence or substitute a penalty unless the findings are perverse or based on no evidence, natural justice was breached, or the punishment shocks the conscience. The past misconduct, framed as a separate charge, could properly be weighed.

Issues

  1. Whether the High Court, in judicial review, could reappreciate evidence and substitute a lesser penalty for the dismissal of a CISF constable whose negligence allowed a theft and who had eight prior punishments.

Provisions considered

Held

Result

Civil Appeal Nos. 7939-7940 of 2022 by the Union of India allowed and Civil Appeal Nos. 7941-7942 of 2022 by the respondent dismissed; the Calcutta High Court Division Bench judgment dated 09.09.2021 in FMA Nos. 679 and 680 of 2019 and the Single Judge's order dated 25.06.2018 in WP No. 14102 (W) of 2009 set aside, and the dismissal restored; parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2022] 18 S.C.R. 605.