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CISF and Others vs Santosh Kumar Pandey

Civil Appeal · 2022 INSC 1292Decided 16 Dec 2022
Civil Appeal No. 8671 of 2015
Sanjiv Khanna · J.K. Maheshwari

Background

Santosh Kumar Pandey, a CISF constable posted at an IPCL township in Gujarat, was accused of stopping a couple on a motorcycle at night, demanding to spend time with the man's fiancée, and taking the man's watch when he refused: later returning the watch after being confronted by senior officers. A departmental inquiry found the charges proved and he was removed from service; his departmental appeal and revision were also rejected. The Gujarat High Court, however, allowed his writ petition and ordered reinstatement with 50% back wages, reasoning that the case rested only on the complainant's inconsistent testimony.

Decision Breakdown

The Supreme Court held the High Court's reasoning was factually and legally flawed. It reviewed the inquiry evidence in detail, including corroborating witness statements, the constable's own admissions to a senior officer, and evidence that the watch was returned only after the complainant lodged a written complaint, and found the charges were properly established. More importantly, the Court held the High Court had overstepped the limited scope of judicial review under Articles 226/227: a writ court examines the fairness of the decision-making process, not the adequacy of evidence, and cannot re-appreciate evidence like an appellate body unless the findings are perverse or based on no evidence. The Court restored the order of removal from service.

Lesson Learnt

Courts exercising writ jurisdiction over disciplinary proceedings check whether a fair procedure was followed, not whether they would have weighed the evidence differently: a well-reasoned inquiry finding will not be disturbed merely because a different view is possible.

Official source (sci.gov.in)View Judgment (PDF)

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