Compulsory retirement: Karnataka HC asks CISF to reconsider punishment

The High Court of Karnataka has asked the Central Industrial Security Force (CISF) to reconsider the punishment of compulsory retirement awarded to a head constable.

Justice Sachin Shankar Magadum passed this order on the petition filed by C Puttappa, who hails from Kadur taluk in Chikkamagaluru district.

The petitioner was attached to CISF, Ahmedabad unit, and was charged with allegation that he had misplaced official documents while he was on duty in October 2010 in Mumbai and also delaying the process of filing FIR. In August 2011, he was imposed with the punishment of compulsory retirement with full pensionary benefits. His appeal against the said order was also dismissed and on January 13, 2012, his revision petition was also rejected.

It was argued on behalf of the petitioner that on the day of the incident, he couldn’t enter CISF, Mumbai terminal, on account of rain and had to wait at the nearby bus stop. It was further submitted that the petitioner fell asleep on account of fatigue as he was continuously travelling in connection with a court case to Bengaluru, Chennai and Hyderabad before reaching Mumbai. His bag was missing when he woke up.

On the other hand, the CISF argued that Puttappa had not disputed the fact that official documents were lost on account of his gross negligence. It was further stated that three minor punishments have been awarded for various misconduct and indiscipline activities.

The court noted that employment decisions, including dismissals, are subject to constitutional scrutiny and the courts often ensure that these decisions are complied with fundamental rights and principles. “If a dismissal or penalty of compulsory retirement, such as in the case of a minor error, contradicts societal expectations of fairness and justice and therefore, this court is more than satisfied that the punishment imposed is found to be disproportionate to the gravity of the offence alleged against the petitioner. Though allegations stand proved, this court is not inclined to accept the order of penalty awarded by the Authority,” the court
said.

The court has asked the CISF to complete the reconsideration exercise within three months, while keeping in mind the observations made by the court.