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N. Vijayaraghavan vs Union Of India
2025 Latest Caselaw 5093 Ker

Citation : 2025 Latest Caselaw 5093 Ker
Judgement Date : 13 March, 2025

Kerala High Court

N. Vijayaraghavan vs Union Of India on 13 March, 2025

WP(C) NO.14767/2014            1



                                            2025:KER:33736

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

        THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.

THURSDAY, THE 13TH DAY OF MARCH 2025 / 22ND PHALGUNA, 1946

                  WP(C) NO.14767 OF 2014

PETITIONER:

         N.VIJAYARAGHAVAN
         AGED 50 YEARS
         S/O.BALAKRISHNAN NAIR, HEAD CONSTABLE (SNP),
         RAILWAY PROTECTION FORCE, SOUTHERN RAILWAY,
         THRISSUR, RESIDING AT NARAYANI NIVAS,
         OLLUR POST, THRISSUR-680306.


         BY ADVS.
         SRI.T.V.AJAYAKUMAR
         KUM.P.H.RIMJU




RESPONDENTS:

    1    UNION OF INDIA
         REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF
         INDIA, MINISTRY OF RAILWAYS, NEW DELHI-110001.

    2    THE CHIEF SECURITY COMMISSIONER
         SOUTHERN RAILWAY, HEAD QUARTERS, CHENNAI-600003.

    3    THE DEPUTY CHIEF SECURITY COMMISSIONER
         SOUTHERN RAILWAY, HEAD QUARTERS, CHENNAI-600003.

    4    THE DIVISIONAL SECURITY COMMISSIONER
         SOUTHERN RAILWAY, TRIVANDRUM DIVISIONAL HEAD
         QUARTERS, THIRUVANANTHAPURAM-695014.
 WP(C) NO.14767/2014           2



                                            2025:KER:33736


    5    THE ASSISTANT SECURITY COMMISSIONER
         SOUTHERN RAILWAY, TRIVANDRUM DIVISIONAL HEAD
         QUARTERS, THIRUVANANTHAPURAM-695014.


         BY ADVS.
         A.DINESH RAO, SC, R2 TO R5
         VINU T.V., CGC



     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 13.03.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO.14767/2014                        3



                                                              2025:KER:33736


                               JUDGMENT

Dated this the 13th day of March, 2025

This Writ Petition is filed by the petitioner, inter alia,

seeking to quash Exts.P6, P12, and P14 by which he was imposed

with a major penalty of compulsory retirement, later modified as a

reduction in rank from the post of head constable to that of

constable for a period of two years with recurring effect.

Brief facts:

2. The petitioner, while working as the Head Constable in

the Railway Protection Force at the Thrissur Railway Station, was

issued Ext.P1, a major penalty memorandum of charges dated

07.06.2007. The charges levelled against him were on two counts:

misbehaving with a lady employee named therein on 12.04.2007

and a list of enumerated repeated minor misconducts. The

statement of imputation contained in Ext.P1 explained the first

charge as unnecessarily interfering with the duties of the lady

commercial clerk deputed to perform duty at the outward parcel

office and misbehaving with her using obscene language. Petitioner

was charged thereunder for discreditable conduct, acting in a

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manner prejudicial to discipline and conducting himself in a manner

which brought discredit to the reputation of the force and

contravention of Rule 146.4, 147(i) and 147(ii) of the Railway

Protection Force Rules, 1987 (RPF Rules, 1987). Second charge,

as against the petitioner, stated that it had been revealed that he

had been perpetrating repeated minor misconduct and had been

accorded penalties on various occasions as per the entries (a) to (g)

enumerated therein, most of which related to unauthorised absence

from duty. One of the said minor charges enumerated therein

related to the petitioner allegedly giving a false telegram stating that

he was hospitalised. It is alleged that without even waiting for the

petitioner's reply, an inspector of the police force was appointed as

an inquiry officer and inquiry proceedings were conducted as

evidenced in Ext.P2. Petitioner had submitted a detailed brief

(Ext.P3) in the said proceedings, without properly considering which,

the inquiry officer submitted Ext.P4 report holding the petitioner

guilty of charges. It is contended by the petitioner that the reasons

given and findings arrived at by the inquiry officer in Ext.P4 were

perverse, biased, pre-concluded and purely based on presumptions

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and surmises. Petitioner accordingly preferred Ext.P5 objection

dated 01.01.2008 to the 4 th respondent, and he was under the bona

fide belief that his case would be considered fairly and in

accordance with law. However, Ext.P6 Penalty Advice dated

14.01.2008 was issued to the petitioner, and he was imposed with

the penalty of compulsory retirement, which came into force with

effect from 15.01.2008. Petitioner preferred Ext.P7 appeal before

the 3rd respondent, Deputy Chief Security Commissioner, which was

rejected by Ext.P8. Petitioner preferred a detailed revision (Ext.P9),

before the 2nd respondent. Since there was no response to Ext.P9

revision preferred by the petitioner, and since he was not being paid

any compulsory retirement pension, he preferred W.P.(C) No. 35268

of 2008, before this Court. This Court allowed the W.P.(C) vide

Ext.P10 judgment and set aside Ext.P8. The matter was remitted

back to the appellate authority with a direction to consider Ext.P7

appeal after affording the petitioner a reasonable opportunity of

being heard. The 3rd respondent afforded the petitioner a personal

hearing on 02.11.2009, during which the petitioner submitted

Ext.P11 written submission. Thereafter, Ext.P12 order was rendered

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by the 4th respondent, holding that the petitioner had not brought out

any evidence that could relieve him of the charges, and he was

found guilty of the charges levelled against him. Aggrieved by the

same, the petitioner preferred Ext.P13 revision before the 2 nd

respondent, which was considered, and Ext.P14 order dated

05.07.2010, was rendered by the 2 nd respondent modifying the

penalty of compulsory retirement to one of reduction in rank from the

post of head constable to that of constable for a period of two years

with recurring effect. Aggrieved by Ext.P14 order, this petition has

been filed by the petitioner inter alia seeking to quash Exts.P6, P12

and P14.

3. The respondents have filed a counter affidavit refuting

the allegations and averments made in the Writ Petition and

contending that the Writ Petition is hopelessly belated and deserves

to be dismissed on the said ground itself. Ext.P14 is dated

28.06.2010, and the Writ Petition was filed only on 10.06.2014, that

is, after a long delay of 4 years. Though an explanation is attempted

to be provided by producing Exts.P15 and P16, the same are not at

all convincing and legally sustainable. It is stated that, pursuant to

2025:KER:33736

Ext.P14, the petitioner, had rejoined the duty and that the modified

penalty imposed on the petitioner has worked out itself, and hence

the challenge against Ext.P14 and previous orders cannot be

sustained at this distance of time. It is further stated in the counter

affidavit that the petitioner had submitted a mercy appeal, vide his

representation dated 19.12.2011, seeking to reduce the punishment

imposed on him. Since the appellate and revisional remedies had

been exhausted, there was no further provision for appeal, and

accordingly, his said representation was rejected by the 2 nd

respondent vide letter dated 17.01.2012. Thereafter, the petitioner

had submitted a mercy appeal to the Director General of the Railway

Protection Force, New Delhi, through CSC/MAS, seeking to reduce

the punishment imposed on him, pointing out compelling

compassionate circumstances. Since the petitioner had already

exhausted the channels of appeal and revision, the 2 nd respondent

had not considered his mercy appeal. It is stated that the above-

mentioned material facts had been suppressed by the petitioner in

the Writ Petition. It is stated in the counter affidavit that the petitioner

is working as a Head Constable (medically de-categorised and

2025:KER:33736

charged against supernumerary post) and attached to RPF/ Post at

Thrissur. He was punished for discreditable conduct, acting in a

manner prejudicial to discipline and conducting himself in a manner

which brought discredit to the reputation of the force and also for

repeated minor misconducts. The service register of the petitioner

reveals that he had two major penalties and seven minor penalties

for major misconduct. The disciplinary authority has considered the

matter in proper perspective and in the interest of service. The

penalty was imposed on relevant consideration only, and the same

does not call for any interference. It is also stated that the penalty as

modified by the revisional authority is the most reasonable and

proportionate one, and the allegations of disproportionate penalty

cannot be entertained. An employee of the RPF who has been

found guilty of charges levelled against, cannot be left scot free,

especially considering the nature of the charges levelled and proved

against the petitioner. Therefore, the modified penalty imposed on

the petitioner does not call for any interference and the Writ Petition

is only to be dismissed.

4. Heard Sri.T.V.Ajayakumar, Advocate for the petitioner

2025:KER:33736

and Sri.T.V.Vinu, CGC for the 1st respondent and Sri.A.Dinesh Rao,

Advocate, Standing Counsel for respondents 2 to 5.

5. Contentions of the petitioner in brief :

● Exts.P6, P12, and P14 are contrary to law and violate the

constitutional guarantees enshrined in Articles 14, 16, and 311

of the Constitution of India.

● The allegation that there has been delay in filing the Writ

Petition is devoid of merits. Delay had been properly explained

by producing Exts.P15 and P16 as had been directed by this

Court along with the detailed affidavit explaining the reasons

for the delay. The same satisfactorily explains the delay in

filing the Writ Petition and hence the contention that the Writ

Petition is hopelessly barred by delay is devoid of merits.

● Rules with respect to limitation are not meant to destroy the

rights of the parties, but to serve a larger public interest and

are founded on public policy. Reliance is placed on the dictum

laid down by the Supreme Court in Rushibhai Jagdishbhai

Pathak v. Bhavnagar Municipal Corporation [(2022) 18

SCC 144].

2025:KER:33736

● Law recognizes a continuing cause of action which may give

rise to a recurring cause of action, as in the case of salary or

pension. So long as the employee is in service, a fresh cause

of action would arise every month when they are paid their

salary on the basis of a wrong computation made contrary to

the Rules. Thus the contention of delay put forth is not

sustainable.

● The question of condonation of delay is one of discretion and

has to be decided on the basis of the facts of the case at

hand. No hard and fast rule can be laid down as to when the

High Court should refuse or exercise its jurisdiction in favour of

a party who moves it after considerable delay and is otherwise

guilty of latches. In the event that the claim made by the

applicant is legally sustainable, delay should be condoned.

Delay and laches is not a constitutional limitation and if the

course of action is continuous discretion to condone the delay

could be exercised duly when the situation certainly shocks

judicial conscience. Reliance is also placed on the dictum laid

down by the Hon'ble Supreme Court in Tukaram Kana Joshi

2025:KER:33736

and others v. Maharashtra Industrial Development

Corporation and others [(2013) 1 SCC 353] wherein the

question of delay and laches was considered and it was held

that the court is required to exercise judicial discretion and the

discretion is dependent on the facts and circumstances of the

case.

● Ext.P6 order of penalty has been rendered without a proper

application of mind, and the same is not based on evidence on

record. Ext.P6 suffers from errors of law and facts apparent on

the face of record. Ext.P12, appellate order and Ext.P14,

revisional order passed in furtherance of Ext.P6 are also liable

to be set aside.

● Charge No.2 in Ext.P1 charge memo cannot be termed as

misconduct at all. It only shows a list of penalties, most of

which ended in a penalty of censure spread over a period of

17 years of the petitioner's service.

● Charge No.2 does have no relevance whatsoever to the

incident in question and all charges relate to a few days of

unauthorized absence for reasons beyond the petitioner's

2025:KER:33736

control. Imposition of penalty based on the findings of Charge

No.2 by the disciplinary authority for an offence totally

unrelated to the first charge is not in conformity with law and

hence unsustainable.

● The allegation against the petitioner in charge No.1 of the

charge memo that he had misbehaved with a commercial clerk

using obscene language is not revealed by evidence on

record. There is no case revealed of an obscene language

being used by the petitioner, nor is there any case of specific

nature of the misbehaviour shown against the concerned

commercial clerk. There is no specific finding in this regard in

Ext.P6, order of the Disciplinary Authority. Ext.P6 is therefore

liable to be interfered with by this Hon'ble Court.

● Ext.P6 lacks any specific finding on the guilt by the disciplinary

authority. The disciplinary authority had proceeded to impose

a penalty stating that the petitioner had not proved his

innocence. Ext.P6 and therefore Exts.P12 and P14 are hence

liable to be interfered with.

● Charges levelled against the petitioner are vague, indefinite,

2025:KER:33736

ambiguous and incapable of proper defence. Allegation that

the petitioner had misbehaved with a lady employee by using

obscene language does not provide any details regarding the

expressions allegedly made by the petitioner to constitute

obscene language. There is no indication regarding the same

in the evidence also. No details are given and no other

particulars are also furnished. Therefore, it is clear that the

charges are too vague and capable of stretching by allegedly

affected parties to any extent of their imagination. Reliance is

placed on the dictum laid down by the Hon'ble Supreme Court

in Anil Gilurker v. Bilaspur Raipur, Kshetriya Gramin Bank

and another [(2011) 14 SCC 379] and Government of

Andhra Pradesh and others v. A.Venkata Raidu [(2007) 1

SCC 338].

● No 'offence' as understood in law had been alleged or made

out against the petitioner in the charge sheet or in the

proceedings that followed based on the same. The Hon'ble

Supreme Court in Jawala Ram and others v. State of Pepsu

and others [AIR 1962 SC 1246] had considered the scope of

2025:KER:33736

the term 'offence' as used in Article 20 (2) of the Constitution

and had held that the said word used in several clauses of

Article 20 must be understood to convey the meaning given to

it in Section 3(37) of the General Clauses Act which defines an

offence to mean 'an act or omission made punishable by any

law for the time being in force'.

● The grounds on which it is proposed to take action ought have

to be reduced to the form of a definite charge or charges

which have to be communicated to the person charged

together with a statement of the allegations on which each

charge is based and any other circumstance which is

proposed to be taken into consideration in passing orders has

also to be stated. This requirement had not been complied

with in the case of the petitioner.

● Relying on the dictum in Surath Chandra Chakrabarty v.

State of West Bengal [(1970) 3 SCC 548], it is contended that

when the charges levelled against the delinquent officer in the

charge sheet are vague and not specific, the entire enquiry is

vitiated. This Rule embodies a principle that a reasonable and

2025:KER:33736

adequate opportunity for defending oneself should be

afforded. If a person is not told entirely and definitely what the

allegations against him are, on which the charges preferred

against him are founded, he cannot possibly by projecting his

own imagination, discover all the facts and circumstances that

may be in the contemplation of the authorities to be

established against him. Principles of natural justice demands

that charges should be specific, definite, and giving details of

the incident which formed the basis of the charges, and no

inquiry can be sustained on vague charges. The Hon'ble

Supreme Court had in the said case held that the employee

who had been subjected to such a vague inquiry will be

entitled to a compensation of Rs.1.5 Lakhs in lieu of the

arrears of his salary. The ratio therein applies to the benefit of

the petitioner.

● Ext. P1 charge sheet lacks the basic requirements needed to

enable the petitioner to effectively defend the same. Reliance

is placed on the dictum laid down by a Division Bench of this

Court in Karunakaran v. Zamorin Raja of Calicut, [2019 (4)

2025:KER:33736

KLT 244] wherein it had been held that the object of requiring

the employer to present a charge sheet with a degree of

precision containing a disclosure of the circumstances of the

case which are alleged to constitute misconduct is to enable

the charge-sheeted employee to have a real opportunity of

defending himself.

● Without clarity regarding the details of the obscene language

allegedly used by the petitioner against the concerned women

employee, no charge sheet could have been maintained. To

ask the petitioner to defend himself against a general

allegation of misconduct without specification of particulars,

denies him an effective right of defending himself.

● The words 'misbehave' and 'obscene' as used in Ext.P1

charge sheet are open ended terms that lack clarity and

precision. Such nebulous terms when used in a charge sheet

ought to be qualified and explained to bring them close to the

contextual meaning intended. Reliance is placed on the

meanings of the said words in Oxford Advanced Learner's

Dictionary of Current English (8 th Edn.), Black's Law Dictionary

2025:KER:33736

(6th Edn.) and P.Ramanatha Aiyar's Advanced Law Lexicon

(4th Edn. Vol 3) ,

● Petitioner who is called upon to defend himself must know

what he has to defend against. What the petitioner is to defend

himself against has to be discernible from the charge sheet

which is issued to him. Charge sheet like Ext.P1 is replete with

a great potential of mischief because if such charge sheets are

allowed to stand, it would be open to the employer to lead any

and every kind of evidence during the course of departmental

inquiry on the basis of vague and undefined allegations of

misconduct. This would be a travesty of fairness and

reasonableness and would lead to a grave miscarriage of

justice. The requirement that the charge sheet must be precise

and must contain a statement of imputations constituting the

foundation of misconduct is a basic principle of natural justice.

Natural justice in a disciplinary inquiry must mean that the

employee must have notice of the charges, first and foremost.

This is a fundamental stipulation and the non-compliance of

which would vitiate the inquiry. Ext.P1 and all proceedings that

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followed are thus illegal and unsustainable.

● Ext.P12 appellate order is not based on any findings nor is it

based on any evidence on record. The person examined as

witness number PW3 was included by the enquiry officer

without notice to the petitioner. Such a witness was not listed

in the charge memo. Though an allegation that the petitioner

had slapped the said witness in the melee that followed the

alleged misbehaviour with the female clerk was initially put

forth, the same was not pursued. The said slapping story was

not part of Ext.P1 charge. Attempts towards constantly

improving the story were thus made at every stage of the

proceedings against the petitioner. Ext.P12 order is therefore

based on irrelevant and extraneous considerations.

● The disciplinary, appellate and revisional authorities ought to

have found that the entire proceedings are in violation of the

principles of natural justice and that the inclusion of additional

witnesses without being listed by the disciplinary authority has

resulted in substantial prejudice to the petitioner in defending

the case. Exts.P6, P12 and P14 are hence unsustainable in

2025:KER:33736

law.

● Though the petitioner had categorically stated in the appeal

and revision that the inquiry officer was very much biased and

prejudiced against the petitioner on account of previous

enmity, the details of which had been clearly narrated by the

petitioner, the same was not considered by the appellate and

revisional authorities.

● Petitioner had clearly submitted that on the relevant day, he

was on sick list on account of fracture to his right hand and the

details thereof had been submitted before the inquiry officer.

The evidence of the defense witness also proved that the

petitioner was not available on the spot. However, the

disciplinary authority rejected the evidence of the defense

witness in a very casual manner as reflected in Ext.P6 order

under challenge.

● Petitioner contends that there had been no misconduct on his

part and that clubbing of charges number 1 and 2 which are

totally unrelated and imposing a penalty on of compulsory

retirement on the petitioner is done with ulterior motive and

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based on extraneous factors.

● Report of the enquiry officer is perverse, biased and pre-

concluded and not based on evidence of record. The entire

inquiry was also conducted in violation of the principles of

natural justice and for this reason, the report of the enquiry

officer is unsustainable. The penalty, advice, appellate and

provisional orders based on the inquiry report suffer from

absolute absence of application of mind and negation of

constitutional guarantees enshrined in Article 14, 16 and 311.

● Penalty imposed is highly disproportionate to the offences

alleged. The scope of interference by the High Court in the

exercise of its writ jurisdiction with respect to disciplinary

proceedings has been laid down by the Supreme Court in

Director General of Police, Railway Protection Force and

others v. Rajendra Kumar Dubey [(2021) 14 SCC 735]. This

Court thus has jurisdiction to set aside the orders impugned.

● Reliance is placed on the dictum laid down by the Hon'ble

Supreme Court in State of Odisha v. Satish Kumar

Ishwardas Gajbhiye and others [(2021) 17 SCC 90] and

2025:KER:33736

contended that the preliminary inquiry was unjustified as there

was no provision for it in the All India Services (Discipline and

Appeal) Rules, 1969. Hence the respondents could not have

conducted a preliminary enquiry without notice to the

petitioner. Thus the inquiry conducted is itself vitiated.

● Reliance is placed on the dictum laid down in State of

Jharkhand v. Lalu Prasad Yadav @ Lalu Prasad [AIR 2017

SC 3389] wherein it has been held that no person shall be

prosecuted and punished for the same offence more than

once as this amounts to double jeopardy which has been

prohibited under Article 20 (2) of the Constitution, the objective

of which is to avoid harassment which may be caused by

successive criminal proceedings where the person has

committed only one crime. This applies to the disciplinary

proceedings initiated against employees also. It is contended

that the petitioner has been punished twice for the offences

alleged against him, as charge number 2 in the charge memo

had already been visited with penalty of censure and hence

could not have been agitated.

2025:KER:33736

● The Hon'ble Supreme Court in Laxman Singh v. Union of

India and others [(2021) 8 SCC 479] had taking note of the

departmental inquiry initiated against the appellant in the said

case which was for his alleged failure in preventing theft of

railway property, wherein the appellant was found guilty of

gross negligence in discharge of duties, reduced the penalty of

reduction of time scale of Rs.200/- for a period of two years

with cumulative effect terming it as unjustified and had held

that the appellant would be entitled to all retirement benefits in

accordance with the rules. The same dictum applies to the

factual situation of the petitioner's case also.

● Reliance is placed on the dictum laid down by the High Court

of Calcutta in Brahma Pandey alias B. Pandey v. Union of

India [(2006)SCC OnLine Cal703] wherein the High Court had

taken note of the dictum laid down in V.K.Khanna v. State of

Punjab [AIR 2001 SC 343] wherein it was observed that,

when the inquiry officer in his inquiry report gave a finding, but

did not disclose reasons and this constitutes bias. It is settled

position of law that when a quasi judicial authority passes an

2025:KER:33736

order it must be backed by reasons and in case the inquiry

finding is not based on reasons, such finding does not get any

leg to stand on. No valid and tenable reason had been stated

in the impugned orders and hence the same is hit by the

dictum mentioned above.

6. Contentions of the respondents in brief:

● Exts.P6, P12, and P14 are valid, rendered in accordance with

law and do not call for any interference.

● Ext.P6 Penalty Advice had been issued by the Disciplinary

Authority after carefully scrutinising the DAR proceedings.

● During the course of the inquiry, the lady employee, who was

a commercial clerk subjected to misbehaviour by the

petitioner, had been examined as PW2. She had specifically

deposed that the petitioner had on the relevant day come to

the parcel office and had misbehaved and threatened her. It

was also deposed that when another commercial clerk tried to

intervene, the petitioner had manhandled him. The lady clerk

had reported the matter to the station-master on duty and the

chief parcel supervisor. The evidence of the said witness

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remains uncontroverted.

● The punishment of compulsory retirement which was issued

on 14.01.2008 was modified by the Revisional Authority and

the petitioner had been reinstated in service by reducing the

rank from head constable to constable for a period of two

years with recurring effect. The period of modified punishment

was exhausted on 05.07.2012.

● Petition was issued with a major penalty charge sheet under

Rule 153 in which the disciplinary authority can nominate any

inspector as inquiry officer even without waiting for

delinquent's reply. The procedure adopted is in accordance

with the provisions contained in Rule 153.2 (a) of the RPF

Rules 1987 and there has been no violation of the mandates

of the Rules.

● The petitioner had in the course of the inquiry stated that he

has no objection to the person appointed as enquiry officer

viz., Sri.K.P.James in conducting the inquiry and the same had

been duly recorded. He had also expressed satisfaction over

the inquiry and hence the allegation that the inquiry was

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conducted in a most arbitrary and illegal manner and that the

enquiry officer is biased are incorrect, unfounded and

baseless.

● The inquiry officer had conducted the inquiry in compliance

with all the procedural requirements and natural justice

principles. The charges against the petitioner were found

proved. The Disciplinary Authority had, after complying with

the due formalities, agreed with the findings of the inquiry

officer and awarded the penalty of compulsory retirement,

which was subsequently modified to one of very less rigour.

There is no basis, cause or legally sustainable reason to

challenge the same.

● The appeal as well as the revision preferred by the petitioner

had been rejected after a detailed and meaningful

consideration, and the petitioner had been paid his due

pensionary benefits. The Writ Petition that has been filed after

this huge delay is only a chance litigation initiated by the

petitioner without any bona fides.

● The revisional authority had viewed the case of the petitioner

2025:KER:33736

sympathetically and had reinstated the petitioner in service

modifying the penalty of compulsory retirement to reversion

from Head constable to constable, i.e., from grade pay of

Rs.2,800/- to Rs.2,000/- for a period of two years recurring

and the period spent out of service was treated as dies-non.

The revisional authority had thus taken into account all the

aspects of the case and it is thereafter that the penalty had

been modified. The petitioner cannot have any legally

sustainable grievance after the same.

● During the entire service the petitioner in force was punished

seven times which included Censure (five times), reduction of

pay (one time), withholding of annual increment (one time). He

was also punished for misbehaving with the superior officers in

an intoxicated condition on 07.03.1993. Petitioner had on

09.06.1997, abused the Sub Inspector/RPF/Trichur by using

vulgar words and also challenged the sub-inspector when

refused to give him a sick memo.

● There cannot be a re-appreciation of the evidence tendered

before the inquiry officer and this is not the appellate authority

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in disciplinary proceedings. Reliance is placed on the dictum

laid down by the Supreme Court in Union of India v. P

Gunasekaran [AIR 2015 SC 545]

● The contention that the charge sheet was vague insofar as the

obscene language as used by the petitioner had not been

elaborated therein is devoid of merits and unsustainable. The

qualifying words 'obscene', 'vulgar', 'unparliamentary' etc.

which are used preceding the word language are all used to

denote unrefined and indecent language which was used by

the petitioner against the women employee.

● Petitioner had not raised any contention regarding vagueness

of charge regarding obscene language in the course of the

inquiry. He cannot thus raise the same for the first time in the

Writ Petition.

● The deposition of the lady employee with whom the petitioner

had misbehaved has not been assailed. She had very

categorically and unequivocally deposed in the inquiry that the

petitioner had misbehaved with her. The totality of the

evidence adduced in the inquiry was sufficient to hold the

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petitioner guilty and there is no reason to interfere with the

penalty imposed on the petitioner.

● The penalty imposed is not open for review by the High Court

under Article 226. Reliance is placed on the dictum laid down

by the Supreme Court in B.C.Chaturvedi and others v.

Union of India, [AIR 1996 SC 484]. The disciplinary authority

and on appeal the appellate authority being fact-finding

authorities have exclusive power to consider the evidence with

a view to maintain discipline. They are invested with their

discretion to impose appropriate punishment keeping in view

the magnitude and gravity of the misconduct. The High Court

while exercising the power of judicial review cannot normally

substitute its own conclusion on penalty and impose some

other penalty.

● If the punishment imposed by the disciplinary authority or the

appellate authority shocks the conscience of the High Court, it

could appropriately mould the relief either directing the

disciplinary public appellate authority to reconsider the penalty

imposed or to shorten the litigation itself in exceptional and

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rare cases impose appropriate punishment with cogent

reasons in support thereof.

● The contention of the petitioner that double jeopardy is

attracted is not maintainable since, all that was done was to

take note of the past conduct of the delinquent employee

which relevance and bearing to the enquiry. Reliance is placed

on the dictum laid down by the Hon'ble Supreme court in

Central Industrial Security Force and others v. Abrar Ali

[(2017) 4 SCC 507] wherein it was held that double jeopardy

will not be attributed when the desirability of continuance of

the respondent was considered on the basis of his past

contact.

● The Hon'ble Supreme Court had in Union of India v.

Bishamber Das Dogra [(2009) 13 SCC 102] considered the

question whether the past conduct of the delinquent employee

could be taken into consideration for the purpose of deciding

the punishment. After a survey of the precedents on the point,

it was held by the Hon'ble Supreme Court that it is desirable

that the delinquent employee may be informed by the

2025:KER:33736

disciplinary authority that his past conduct would be taken into

consideration while imposing the punishment. But in case of

misconduct of grave nature or indiscipline, even in absence of

statutory rules, the authority may take into consideration the

indisputable past conduct/ service record of the employee for

adding weight to the decision of imposing punishment if facts

of the case so require. The Hon'ble Supreme Court had also

termed as settled, legal proposition that habitual absenteeism

constitutes gross violation of all discipline.

● The contention of the petitioner that the evidence was not

properly appreciated by the inquiry officer and that the

deposition of the evidence tendered by the witness from the

side of the petitioner was not properly appreciated is

unsustainable. DW1 and DW2 examined from the side of the

petitioner are none other than the Mother in law and wife of

the petitioner. Nevertheless, their deposition had been duly

considered and was given due credit that it was worthy of.

● The contention that the name of the witness PW3 was

included without notice and not listed in the charge memo is

2025:KER:33736

not correct. In the charge memo, it has been clearly mentioned

in the list of witnesses, serial number 4, that any other witness

as desired by the EEO could be examined, provided the

person could positively contribute to the proceedings. The

same was done in accordance with the provisions contained in

Rule 153.17. The petitioner had not raised any objection to the

inclusion and examination of PW3 during the course of the

inquiry.

● Having participated in the inquiry, including the inclusion and

examination of PW3 without any demur, the petitioner is not

entitled to challenge the same. The said contention put forth is

hit by estoppel and acquiescence as the same had not been

raised by the petitioner in the written submission given to the

inquiry officer or in the defense statement submitted before the

disciplinary authority.

● It is settled that in an inquiry, strict and sophisticated rules of

evidence under the Indian Evidence Act do not apply.

Reliance is placed on the dictum laid down by the Hon'ble

Supreme Court in Union of India and others v. Dilip Paul

2025:KER:33736

[2023 SCC OnLine SC 1423] that it is open to the adjudicating

authority to accept, rely and evaluate any evidence having

probative value and come to its own conclusion, keeping in

mind judicial approach and objectivity, exclusion of extraneous

material and observance of the rules of natural justice and fair

play.

● The strict and technical rules of evidence and procedure does

not apply to departmental inquiry, the connotation 'evidence'

cannot be understood in a narrow technical sense as to

include only that evidence adduced in a regular court of law

when a person is examined as a witness by administering

oath. It has been held by the Hon'ble Supreme Court in Dilip

Paul's case (supra) that there should not be any allergy to

hearsay evidence provided it has a reasonable nexus and

credibility.

● Petitioner was a member of a disciplined police force and was

governed by the rules in force. Rule 146.1 stipulates that all

members of the Force irrespective of their ranks shall submit

themselves to the requirement of code of behaviour prescribed

2025:KER:33736

both on duty and off duty. Petitioner's complicity has been

proved in the course of the inquiry and he has been charged

for discreditable conduct, acting in a manner prejudicial to the

discipline and conducting himself in a manner which brought

discredit to the reputation of the force and also for repeated

minor misconducts. Both charges levelled against the

petitioner were proved convincingly and beyond doubt. The

penalty was imposed for the charges alleged and proved

against the petitioner. The disciplinary, appellate and judicial

authorities have duly considered the contentions raised by the

petitioner against the inquiry report. This Writ Petition filed

long thereafter is hence devoid of any merits and is only to be

dismissed.

Discussion and Analysis:

7. The scope of interference by a High Court in exercise of

jurisdiction with respect to disciplinary proceedings is no longer res

integra. The Hon'ble Supreme Court in State of Rajasthan and

others v. Heem Singh [(2021) 12 SCC 569] summed up the law in

the following words:

2025:KER:33736

"In exercising judicial review in disciplinary matters, there are two ends of the spectrum. The first embodies a rule of restraint. The second defines when interference is permissible. The rule of restraint constricts the ambit of judicial review. This is for a valid reason. The determination of whether a misconduct has been committed lies primarily within the domain of the disciplinary authority. The judge does not assume the mantle of the disciplinary authority. Nor does the judge wear the hat of an employer. Deference to a finding of fact by the disciplinary authority is a recognition of the idea that it is the employer who is responsible for the efficient conduct of their service. Disciplinary enquiries have to abide by the rules of natural justice. But they are not governed by strict rules of evidence which apply to judicial proceedings. The standard of proof is hence not the strict standard which governs a criminal trial, of proof beyond reasonable doubt, but a civil standard governed by a preponderance of probabilities. Within the rule of preponderance, there are varying approaches based on context and subject. The first end of the spectrum is founded on deference and autonomy - deference to the position of the disciplinary authority as a fact finding authority and autonomy of the employer in maintaining discipline and efficiency of the service. At the other end of the spectrum is the principle that the court has the jurisdiction to interfere when the findings in the enquiry are based on no evidence or when they suffer from perversity. A failure to consider vital evidence is an incident of what the law regards as a perverse determination of fact. Proportionality is an entrenched feature of our jurisprudence. Service jurisprudence has recognized it for long years in allowing for the authority of the court to interfere when the finding or the penalty are disproportionate to the weight of the evidence or misconduct. Judicial craft lies in maintaining a steady sail between the banks of these two shores which have been termed as the two ends of the spectrum. Judges do not rest with a mere recitation of the hands-off mantra when they exercise judicial review. To determine whether the finding in a disciplinary enquiry is based on some evidence an initial or threshold level of scrutiny is undertaken. That is to satisfy the conscience of the court that there is some evidence to support the charge of misconduct and to guard against perversity. But this does not allow the court to re- appreciate evidentiary findings in a disciplinary enquiry or to substitute a view which appears to the judge to be more appropriate. To do so would offend the first principle which has been outlined above. The ultimate guide is the exercise of robust common sense without which the judges' craft is in vain." (Emphasis added)

2025:KER:33736

8. The Hon'ble Supreme Court has in Director General

of Police, Railway Protection Force (supra), has also laid down

the aspects that would open for the High Court to look into as

follows:

"(a) The inquiry is held by the competent authority;

(b) The inquiry is held according to the procedure prescribed in that behalf;

(c) There is violation of the principles of natural justice in conducting the proceedings;

(d) The authorities have disabled themselves from reaching a fair conclusion by some considerations which are extraneous to the evidence and merits of the case;

(e) the authorities have allowed themselves to be influenced by irrelevant and extraneous considerations;

(f) the conclusion on the very face of it is so wholly arbitrary and capricious that no reasonable person could ever have arrived at such conclusions

(g) the disciplinary authority had erroneously failed to admit the admissible and material evidence;

(h) The disciplinary authority had erroneously admitted inadmissible evidence which influenced the finding;

(i) The finding of fact is based on no evidence."

Thus it is trite and settled that in exercise of its powers under Article

226 and 227 of the Constitution of India, this Court shall not venture

into re-appreciation of the evidence. Having thus reminded myself of

the scope and extent of jurisdiction, I now proceed to consider the

contentions put forth by the parties.

9. The primary objection put forth by the petitioner is that

Ext.P1 charge sheet is 'vague' and 'imprecise' since the term

2025:KER:33736

'obscene language' used therein had not been explained or clarified

enough, so as to enable the petitioner to defend the same

effectively. It is relevant to note that such an objection had not been

raised by him hereto before at any stage of the proceedings and is

being raised for the first time in this Writ Petition. I note that the

charge sheet had very specifically and clearly elaborated on the

charge by stating as the first charge the incident of petitioner

misbehaving with the lady Commercial Clerk, Parcel Office, Thrissur

on 12.04.2007 whose name had been specified in the Charge sheet.

Thereafter, the charge sheet was further proceeded to explain in the

statement of imputation part, the specifics of the incident by

mentioning that the petitioner who was under sick list had on

12.04.2007 come to the parcel office at Thrissur at about 23:30

hours without any valid reason and had unnecessarily interfered with

the duties of the lady commercial clerk deputed to perform the

outward parcel office and had misbehaved with her using obscene

language. With so much of details specifically provided and

explained in the charge sheet, the petitioner cannot now take up the

contention that the word obscene language had not been explained

2025:KER:33736

in the chart sheet and hence the charge sheet in its entirety is

'vague' thereby disabling the petitioner from effectively contesting/

challenging the same. In the course of the inquiry, the lady

employee who was examined as PW2 had specifically deposed that

the petitioner had on the relevant day come to the parcel office and

had misbehaved and threatened her. It was also deposed that, when

another commercial clerk who tried to intervene was manhandled by

the petitioner. The lady clerk had also reported the matter to the

station-master on duty and the chief parcel supervisor. The

petitioner who has not been able to controvert the evidence of the

said witness cannot be now heard to content that the charge sheet

was vague and imprecise.

10. The reliance placed on the dictionary meaning and

definition of the terms 'misbehave' and 'obscene' and the attempt to

explain that the same could have meanings of various hues and

colors thus leading to a confusion and vagueness as what was

intended in the context in which those words were used in the

charge sheet does not assist the case of the petitioner since such

such nuances in semantics have no place in construing the validity

2025:KER:33736

of disciplinary proceedings. In this context, I find merit in the reliance

placed in this respect by the respondents on the dictum in Dilip

Paul's case (supra) that the connotation 'evidence' cannot be

understood in a narrow technical sense as to include only that

evidence adduced in a regular court of law and the kind of

elaborateness and precision in such regular court proceedings need

not be insisted on in disciplinary proceedings.

11. Petitioner has alleged bias and prejudice as against

the enquiry officer on account of previous enmity and have

contended that the same vitiated the proceedings. Though it is

alleged that the enquiry officer had earlier made a false complaint

against the petitioner in the year 1997, alleging that the petitioner

had misbehaved with him and based on the complaint the petitioner

had been punished at that point of time, and thus the enquiry officer

was a biased judge and ought not have sat as an inquiry officer,

none of these contentions have apparently been raised by the

petitioner at any stage of the proceedings, either before the enquiry

officer nor before the appellate and revisional authorities. Nothing to

the said effect has been produced before me. On the other hand, it

2025:KER:33736

is the specific case of the respondents that the petitioner had, in

writing, expressed his satisfaction with the manner in which the

inquiry proceedings had been conducted and no objection or

reservation whatsoever had been raised by the petitioner in the said

respect hereto before. Hence I find no merit in the contention that

the enquiry officer was biased or prejudiced against the petitioner.

12. The next contention of the petitioner, is that the

person examined as PW3 was included by the enquiry officer

without notice to the petitioner and such a witness was not listed in

the charge memo. Thus according to the petitioner irrelevant

considerations and extraneous considerations had crept in and this

aspect was overlooked by the Appellate authority and the revisional

authority. However, the contention of the enquiry officer having

illegally relied on the deposition of PW3 is also devoid of

sustainability. It is settled as laid down in Dilip Paul's case (supra)

that it is open to the adjudicating authority to accept, rely and

evaluate any evidence having probative value and come to its own

conclusion, the rules of natural justice and fair play are observed. I

find merit in the contention put forth by the respondent that in the

2025:KER:33736

charge memo, it had been clearly mentioned in the list of witnesses,

serial number 4, that any other witness as desired by the enquiry

officer could be examined, provided the person could positively

contribute to the proceedings. The same was done in accordance

with the provisions contained in Rule 153.17. The petitioner had not

raised any objection to the inclusion and examination of PW3 during

the course of the inquiry. Having participated in the inquiry, and in

the examination of PW3 without any demur, the petitioner cannot be

heard to challenge the same upon realising that the final decision is

not in his favour. Thus the allegation that extraneous contentions

weighed with the enquiry officer is devoid of merits.

13. Clubbing of Charge 1 and Charge 2 which are alleged

to be totally unrelated is the next serious objection raised by the

petitioner. While Charge No.1 concerned the misbehaviour of the

petitioner with a female commercial clerk using obscene language,

Charge No.2 was a list of penalties, mostly for unauthorised

absence, much of which had ended in a penalty of censure spread

over a period of 17 years of the petitioner's service. Hence it is

contended that Charge No. 2 cannot be termed as misconduct at all.

2025:KER:33736

Imposition of penalty based on the findings of Charge No.2 by the

disciplinary authority for an offence totally unrelated to the Charge

No.1 is termed as not in conformity with law and hence

unsustainable. On this point, in Ext.P6 it has been very specifically

stated that both the charges are independent and mutually exclusive

and that there is no hard and fast rule suggesting that all the

charges in a charge sheet should be interconnected. I find merit in

the explanation and further note that no prejudice whatsoever had

been caused to the petitioner on the said count.

14. The 'Principle of test of prejudice in Service

jurisprudence' referred to by the Supreme Court in Dilip Paul's case

(supra) affirmatively relying on the dictum laid down in State Bank

of Patiala and others v. S.K. Sharma [(1996) 3 SCC 364] has held

that the test is to ascertain whether the violation of any procedure or

process resulted in a prejudice being caused or resulted in a loss of

fair hearing. The only question is whether any prejudice can be

stated to have been caused to the petitioner due the manner in

which the proceedings leading to Exts.P6, P12 and P14 were

conducted by the respondents. I have considered the question

2025:KER:33736

whether any serious prejudice has been caused to the petitioner due

the manner in which the disciplinary proceedings were undertaken

and the appellate and revisional orders were passed. It is not in

dispute that the petitioner was provided with the copies of the

proceedings and it is also not in dispute that the petitioner was

aware of the nature of the allegations leveled against him. It is also

not in dispute that ample opportunity was given to the petitioner to

meet the allegations levelled. It cannot be terms on the facts and

circumstances as revealed by records that the petitioner was taken

by surprise. It is also relevant to note that in Ext.P14 order issued by

the 2nd respondent dismissing the revision filed by the petitioner it

has been clearly stated that though the revisional authority fully

agreed with the orders of the appellate authority imposing

punishment, taking note of the fact that the petitioner had pleaded

for mercy, explaining his family circumstances, education of his two

daughters and financial crisis faced by him and his family due to his

employment etc., leniency was shown. Taking note of the fact that

the petitioner has about 13 years of service and the predicament of

his family, his case was sympathetically viewed by the revisional

2025:KER:33736

and he was given an opportunity to rectify himself by modifying the

punishment of compulsory retirement and reinstating him in service

by reducing his rank.

15. It is also relevant to note here that respondents have

stated that before the filing of this Writ Petition, the petitioner had

submitted a mercy appeal seeking to reduce the punishment

imposed by him, and had thereafter again submitted another mercy

appeal to the Director General RPF New Delhi, seeking again to

reduce the punishment. The said facts, which could probably have

been the reason for the delay in filing the Writ Petition, which was

done only after acquiescing to the Ext.P14 order was not revealed in

the Writ Petition. It is also submitted that the petitioner had opted for

VRS and thus himself opted out from service subsequent to his

reinstatement per Ext.P14.

16. As discussed above, no case has thus been made out

by the petitioner to quash Exts.P6, P12 and P14 by issuance of a

writ of certiorari. Petitioner is also not entitled to any other relief

sought in the Writ Petition. I find that the proceedings against the

petitioner had been conducted by the respondents in accordance

2025:KER:33736

with law and the decision thus arrived at is valid and legally

sustainable. The Writ Petition thus has to fail.

Conclusion

17. In view of the above discussion, I do not find any

reason to interfere with Exts.P6, P12 and P14 orders.

This Writ Petition is dismissed. No costs.

Sd/-

SYAM KUMAR V.M. JUDGE csl

2025:KER:33736

APPENDIX OF WP(C) 14767/2014

PETITIONER'S EXHIBITS

EXT.P1 A TRUE COPY OF MAJOR PENALTY MEMORANDUM OF CHARGES BEARING NO.VXP/227/153/02/07 DATED 07-06-2007, ISSUED BY THE 5TH RESPONDENT.

EXT.P2 A TRUE COPY OF PROCEEDING OF DAR ENQUIRY CONDUCTED ON DIFFERENT DATES.

EXT.P3 A TRUE COPY OF DETAILED BRIEF ADDRESSED TO THE INQUIRY OFFICER AND THE INSPECTOR OF PROTECTION FORCE, ERNAKULAM.

EXT.P4 A TRUE COPY OF LETTER BEARING NO.

VXP/227/153/02/07 DATED 18-12-2007 ISSUED BY THE 4TH RESPONDENT.

EXT.P5 A TRUE COPY OF OBJECTIONS DATED 01-01-2008, SUBMITTED TO THE 4TH RESPODNENT.

EXT.P6 A TRUE COPY OF PENALTY ADVICE BEARING NO.

VXP/227/153/01/06 DATED 14-01-2008, ISSUED BY THE 4TH RESPONDENT.

EXT.P7 A TRUE COPY OF DETAILED APPEAL SUBMITTED BEFORE THE 3RD RESPONDENT DEPUTY CHIEF SECURITY COMMISSIONER.

EXT.P8 A TRUE COPY OF THE PROCEEDINGS NO. NIL DATED 26-03-2008, ISSUED BY THE 3RD RESPONDENT.

EXT.P9 A TRUE COPY OF DETAILED REVISION PETITION DATED 17 DEC 2008, ADDRESSED TO THE 2ND RESPONDENT.

EXT.P10       A TRUE COPY OF JUDGMENT IN WPC NO.
              35268/2008 DATED 18 JUN 2009 RENDERED BY
              THIS HON'BLE COURT.

EXT.P11       A TRUE COPY OF SUBMISSION DATED 02-11-2009
              TO THE 3RD RESPONDENT.




                                            2025:KER:33736


EXT.P12       A TRUE COPY OF COMMUNICATION BEARING NO.

VXP/227/153/02/07 DATED 29-01-2010 ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT.

EXT.P13 A TRUE COPY OF REVISION PETITION IN THE FORM AN AFFIDAVIT DATED 13-04-2010, SUBMITTED ALONG WITH A COVERING LETTER ADDRESSED TO THE 2ND RESPONDENT.

EXT.P14 A TRUE COPY OF THE REVISIONAL ORDER BEARING NO.VXP/227/153/02/07 DATED 05-07-2010 COMMUNICATED BY THE 4TH RESPONDENT.

EXT.P15 A TRUE COPY OF THE DISCHARGE CERTIFICATE ISSUED BY THE RAILWAY DOCTORS BEARING NO.286378 DATED 13.10.2011 INDICATING THE FACTUM OF TREATMENT FROM 31.03.2011 TO 12.10.2011.

EXT.P16 A TRUE COPY OF LETTER NO.V/MD.84/I/UF DATED 13.10.2011 ISSUED BY THE CHIEF MEDICAL SUPERINTENDENT/SOUTHERN RAILWAY, THIRUVANANTHAPURAM.

EXT.P17 TRUE COPY OF RULE 1343 OF THE INDIAN RAILWAY ESTABLISHMENT CODE VOL.II, 2005 EDITION

EXT.P15 TRUE COPY OF THE LETTER DATED 3.9.2010 OF SR.DIVISIONAL MEDICAL OFFICER, SOUTHERN RAILWAY, THRISSUR ADDRESSED TO THE CHAIRMAN, THRISSUR HEART HOSPITAL

EXT.P16 TRUE COPY OF THE LETTER DATED 13.10.2011 ISSUED BY THE CHIEF MEDICAL OFFICER/TVC OF DIVISIONAL OFFICE, MEDICAL BRANCH OF SOUTHERN RAILWAY TO THE PETITIONER

EXT.P17 TRUE COPY OF THE MERCY APPEAL DATED 17.12.2011 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

EXT.P18 True copy of the letter dated 23-1-2012 of the Divisional Security Commissioner, RPF Trivandrum addressed to the petitioner.

2025:KER:33736

EXT.P19 True copy of the letter dated 21-3-2014 issued by the Assistant Security Commissioner, RPF to the petitioner.

EXT.P20 True copy of the intimation dated 8-7-2014 issued by the Assistant Security Commissioner, RPF, Trivandrum to all IPF and TVC division

EXT.P21 True copy of the letter dated 18-7-2017 submitted by the petitioner to the Divisional Security Commissioner, RPF, Trivandrum.

EXT.P22 True copy of the letter dated 25-7-2017 issued by the Divisional Security Commissioner, RPF, Trivandrum to the petitioner.

EXT.P23 True copy of the representation dated 19-7- 2023 submitted by the petitioner before the Director General of RPF.

 
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