The Supreme Court Thursday upheld the dismissal of a Central Reserve Police Force (CRPF) constable who misbehaved with his senior under intoxication, saying misconduct and insubordination cannot be tolerated in a disciplined force.
A bench of Justices M R Shah and C T Ravikumar quashed an order of the Rajasthan High Court which had set aside the penalty imposed by the disciplinary authority and directed reinstatement of the constable in service with notional benefits without any back wages.
"The misconduct of misbehaving with superior/senior officer and of insubordination can be said to be a very serious misconduct and cannot be tolerated in a disciplined force like CRPF and therefore, as such the Division Bench of the High Court is not justified in observing that on the proved charges and misconduct penalty of dismissal can be said to be disproportionate," the bench said.
The top court said the logic given by the High Court that as the constable is deemed to have committed a less heinous offence the order of dismissal can be said to be disproportionate is not required to be accepted.
The apex court noted the punishment of dismissal cannot be said to be strikingly disproportionate warranting the interference of the high court in exercise of powers under Article 226 of the Constitution.
It said the Division Bench of the high court has committed a very serious error in interfering with the order of penalty of dismissal imposed and ordering reinstatement.
The top court was hearing a plea filed by the Centre challenging the high court order against constable Sunil Kumar.
It was alleged that the constable misbehaved with his senior after getting intoxicated and threatened him with dire consequences.
