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Union of India v. Ex. Constable Ram Karan

Civil Appeal · 2021 INSC 715Decided 11 Nov 2021
Civil Appeal No. 6723 of 2021
Justice Ajay Rastogi · Justice Abhay S. Oka

Background

A CRPF constable, during an altercation at a doctor's clinic, allegedly abused and physically assaulted the doctor while on duty and then made a false allegation of sexual harassment against the doctor to cover up his own misconduct. After a disciplinary inquiry, he was removed from service, but the Delhi High Court's Division Bench substituted that punishment with a lighter one, confinement in the quarter-guard for a few hours each day, without examining the specific punishment scheme laid down for CRPF personnel.

Decision Breakdown

The Supreme Court held that the Central Reserve Police Force Act, 1949 lays down a specific scheme of punishments for members of the force, and the High Court could not invent or substitute a punishment outside that statutory scheme. Since the First Appellate Court is generally the final authority on facts and the disciplinary findings here were not shown to be perverse, the High Court's interference in the quantum of punishment was unsustainable. The Court allowed the Union of India's appeal and set aside the High Court's judgment, effectively restoring the original punishment.

Lesson Learnt

Courts reviewing disciplinary action against uniformed personnel like the CRPF must respect the specific punishment scheme set out in the governing statute and cannot create their own alternative punishments; judicial review of the severity of a punishment in such cases is narrow.

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

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