Disciplinary punishment in a disciplined force stands unless strikingly disproportionate; CRPF offence classification does not control dismissal.

In disciplinary matters involving a disciplined force, dismissal imposed after a duly conducted departmental enquiry will not be interfered with unless the punishment is strikingly disproportionate, perverse or irrational. The fact that the misconduct may fall within a less heinous category under the CRPF Act does not control the propriety of departmental punishment where the proved conduct includes misbehaviour, threats and insubordination. Judicial review is therefore confined to extreme cases of manifest excess. On these principles, the High Court was not justified in setting aside the dismissal or directing reinstatement, and the disciplinary authority's order stood restored.

---

---

Issues: Whether the High Court was justified in setting aside the dismissal from service on the ground that the punishment was disproportionate and in directing reinstatement with notional benefits.

Analysis: The dismissal followed a departmental enquiry conducted under the prescribed procedure, and the proved misconduct involved misbehaviour with senior officers, threats of dire consequences, and insubordination while serving in a disciplined force. The distinction between a heinous and a less heinous offence under Sections 9 and 10 of the CRPF Act, 1949 was held to be relevant to the penal consequences under those provisions, but not to the validity of disciplinary punishment imposed after enquiry. The standard for judicial interference with punishment in service matters is whether it is merely disproportionate or strikingly disproportionate, and interference is warranted only in an extreme case of perversity or irrationality.

Conclusion: The High Court was not justified in interfering with the dismissal order, as the punishment was neither disproportionate nor strikingly disproportionate.

Final Conclusion: The order of reinstatement was unsustainable and the dismissal imposed by the disciplinary authority stood restored.

Ratio Decidendi: In disciplinary matters involving a disciplined force, punishment imposed after due enquiry can be interfered with under judicial review only if it is strikingly disproportionate or otherwise perverse, and the classification of the act as a less heinous offence under the penal provisions does not control the propriety of departmental dismissal.

---