Summary
An SSB Head Constable challenged removal for entering the women’s barracks after midnight, relying on the lesser penalty imposed on the sentry who admitted him. The Court held that their roles and misconduct were not equivalent and that penalty review could not rest on that comparison alone. The established breach compromised barracks security and justified removal in a disciplined force. The appeal was dismissed, leaving the Division Bench’s restoration of the penalty intact.
Issues
- Whether a lesser penalty imposed on the female sentry made the Head Constable’s removal disproportionate.
Provisions considered
- Article 226, Constitution of IndiaLimited judicial review of disciplinary penalties did not justify interference on an inapt comparison with a differently placed employee. (¶ 8-11)
Held
- The disciplinary findings followed adequate opportunity and consideration of both sides’ evidence. The adverse Single Judge findings on the procedure had attained finality; reappreciation of those factual findings under Article 136 was unwarranted here. (¶¶ 3.1, 6)
- Punishment is primarily for the disciplinary authority, subject to limited judicial review. Courts do not ordinarily substitute their own penalty, and a claim to parity requires comparable charges, roles and relevant conduct rather than merely involvement in the same incident. (¶ 8)
- The male Head Constable’s entry into the women’s barracks after midnight and the sentry’s act of permitting entry were not equivalent misconduct. His position, role and the security implications warranted separate assessment. The lesser penalty awarded to the sentry did not itself establish disproportionality. (¶ 9-11)
- Removal, already substituted for the original dismissal penalty, was justified by the proved serious breach in a disciplined force. The Division Bench correctly reversed the Single Judge’s direction to impose a job-preserving lesser penalty. (¶ 9-12)
Result
Appeal dismissed. The Division Bench judgment and the penalty of removal from service remained undisturbed. No order as to costs.