Supreme Court Upholds CISF Officer’s Dismissal for Misconduct in Moral Policing Case

The Supreme Court of India recently ruled in the case of CISF & Ors. vs. Santosh Kumar Pandey, affirming the dismissal of a CISF constable for misconduct. The case involved allegations of moral policing, harassment, and extortion by the respondent, who was accused of abusing his authority while on duty. The Court set aside the Gujarat High Court’s order that had reinstated him, ruling that his dismissal was justified.

The ruling reinforces the principles of professional conduct for law enforcement officers and sets a precedent for dealing with acts of indiscipline within security forces.

Background of the Case

The case stemmed from an incident where the respondent, Santosh Kumar Pandey, a CISF constable, was accused of misconduct while on duty at IPCL Township, Vadodara. The incident was reported by a civilian, Mahesh B. Chaudhry.

The key timeline of events was as follows:

October 26-27, 2001: The constable stopped a civilian and his fiancée at night, allegedly harassed them, demanded a bribe, and took the civilian’s watch.
October 27, 2001: The civilian filed a complaint with CISF officials.
January 28, 2002: The Inquiry Officer found the charges against Santosh Kumar Pandey proven.
February 23, 2002: The disciplinary authority removed him from service.
May 8, 2002: His appeal was dismissed.
April 8, 2003: His revision petition was also rejected.
2014: The Gujarat High Court ordered his reinstatement with 50% back wages.
December 16, 2022: The Supreme Court reversed the High Court’s ruling and upheld the dismissal.

Arguments by the Appellant (CISF)

The CISF authorities challenged the High Court’s decision, arguing:

The constable’s conduct was highly inappropriate and unbecoming of a CISF officer.
The High Court wrongly relied on the civilian’s withdrawal of the complaint.
Witness testimonies confirmed the misconduct.
Security personnel are held to a higher standard, and the punishment was proportionate.

Arguments by the Respondent (Santosh Kumar Pandey)

The defense countered:

The civilian later withdrew his complaint, showing that there was no real grievance.
The inquiry process was flawed and did not consider all aspects.
The punishment of dismissal was excessive and disproportionate.

Supreme Court’s Judgment

The Supreme Court ruled in favor of the CISF, holding:

The High Court’s interference in a well-reasoned disciplinary action was unjustified.
The constable’s actions constituted a serious breach of professional conduct.
“Security officers are not moral police and cannot misuse their authority for personal gains.”
The punishment of dismissal was appropriate given the nature of the offense.

Key Precedents Cited

The Supreme Court referred to multiple landmark rulings:

Union of India vs. P. Gunasekaran (2015): Emphasized judicial restraint in disciplinary matters.
State Bank of India vs. Samarendra Kishore Endow (1994): Affirmed the principle of proportionality in disciplinary cases.
Union of India vs. B.C. Chaturvedi (1995): Reiterated that courts should not interfere in employer-employee disciplinary decisions unless there is a clear violation of law.

Impact of the Judgment

This Supreme Court ruling has significant implications:

Strengthens disciplinary enforcement: Ensures that law enforcement officers are held accountable.
Sets a precedent for misconduct cases: Clarifies that personal misconduct by security personnel is intolerable.
Limits judicial interference: Reinforces that High Courts must not overturn well-founded disciplinary actions without strong legal grounds.

Conclusion

The Supreme Court’s ruling in CISF & Ors. vs. Santosh Kumar Pandey upholds the integrity of disciplinary proceedings within law enforcement agencies. The judgment ensures that officers who misuse their authority face appropriate consequences.

The verdict sets an important precedent for future cases involving indiscipline in security forces, reinforcing the need for professionalism and ethical conduct in law enforcement roles.

Petitioner Name: CISF & Ors..
Respondent Name: Santosh Kumar Pandey.
Judgment By: Justice Sanjiv Khanna, Justice J.K. Maheshwari.
Place Of Incident: Vadodara, Gujarat.
Judgment Date: 16-12-2022.

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