L.NAGESWARA RAO, J. - (1.) The Respondent was appointed as a Constable in Central Industrial Security Force (CISF) on 10.09.1990. By a memorandum dated 08.10.1999, an inquiry was proposed under Rule 36 of the C.I.S.F. Rules, 1969 for allegations of misconduct and misbehavior for the following Charges: "Article of Charge-I No.903190893, Ct. Abrar Ali, Area No. IV, Central Industrial Security Force, BCCL Unit, Dhanbad was granted 2 days casual leave from 12.08.1999 to 13.08.1999 and 14.08.1999 was a second Saturday. He had to resume his duty on 15.08.1999 (F/N). But, he reported for his duty at 1730 hrs. Thereafter, Asstt. Commandant of Area No. 4 directed the said Abrar Ali to remain inside the Camp as there was apprehension of danger to his life from the residents of nearby Basti. At about 1900 hrs when Abrar Ali was searched by C.H.M. to serve his suspension order, he was again found absent from the Camp. The said member of the force did not even deposit his leave Certificate in the Unit Office after coming back from leave. Therefore, Abrar Ali No.903190893 being a member of armed forces, is grossly negligent towards his duties and has disobeyed the Orders/directions of the Superior Officers, which amounts to gross misconduct and indiscipline on the part of the said member. Hence, this Charge. Article of Charge-II No.903190893, Ct. Abrar Ali, Area No. IV, Central Industrial Security Force, BCCL Unit, Dhanbad was granted 2 days casual leave from 12.08.1999 to 13.08.1999 and 14.08.1999 was a second Saturday. The said member of the force while proceeding on leave took one girl named Anita Kumari D/o Shri Rajendr Rajbar R/o Lalten Basti, Angarpathra (Dhanbad), aged about 15-16 years with him to Delhi on the pretext of getting her married to a Hindu boy and come back after leaving the said Anita Kumari at the house of an old man. The brother of the said force member, Jamaruddin, who also is a member of the Delhi Armed Police took Anita Kumari to Dhanbad. On 20.08.1999, Anita Kumari made a statement before the Judicial Magistrate, Dhanbad, in FIR No.260/99 dated 13.08.1999. Thereafter, the said force member Abrar Ali surrendered in the Court of C.J.M., Dhanbad on 20.08.1999 from where he was sent to jail for committing the said offence. No. 903190893 Ct. Abrar Ali being a member of me force has committed an act of indiscipline and has maligned the image of the force, which is a serious misconduct. Hence, this Charge. Article of Charge - III Ct. Abrar Ali No. 903190893, Area No.IV, Central Industrial Security Force, BCCL Unit, Dhanbad, has already been awarded three punishments, 2 major punishments (deduction in pay) and one minor punishment (deduction of 7 days' salary) for various acts of indiscipline and negligence during the short span of his service. Despite the aforesaid, he has failed to improve himself and to abide the rules, which shows that the said member is habitual of committing indiscipline. Hence this Charge.
(2.) The Commandant, Central Industrial Security Force, BCCL Unit, Dhanbad by a final order dated 28.11.2000 held the Respondent guilty of all the Charges. Finding the Respondent unworthy of retention in Force due to his acts of indiscipline and misconduct, the Disciplinary Authority dismissed the Respondent from service. Aggrieved by the Order of dismissal, the Respondent filed an appeal to the Deputy Inspector General, Central Industrial Security Force, BCCL Unit, Dhanbad. The Appellate Authority rejected the appeal by Order dated 01.02.2001. The Respondent was exonerated of Charge 2 and held guilty of Charges 1 and 3. The Revision Petition filed by the Respondent was dismissed by the Inspector General, E.S. Headquarters, Patna by an Order dated 31.12.2010. The punishment of dismissal from service imposed on the Respondent was found to be proportionate to the gravity of the misconduct by both the Appellate and Revisional Authorities. The Respondent filed Writ Petition no. 1241 of 2001 in the High Court of Delhi challenging the Order of dismissal dated 28.11.2000 as well as the Orders dated 01.02.2001 of the Appellate Authority and 31.12.2010 of the Revisional Authority. By its judgment dated 11.08.2014, the High Court of Delhi allowed the Writ Petition and directed the Respondent to be reinstated forthwith as Constable C.I.S.F. with notional seniority in his rank. There was a direction for payment of the entire arrears of his salary and other allowances within 2 months from the date of the judgment. The Respondent was also held entitled for costs quantified at Rs. 15,000/-. Aggrieved by the said judgment dated 11.08.2014 of the High Court of Delhi, the Appellants preferred this Appeal.
(3.) Mr. Yashank Adhyaru, learned Senior Counsel appearing for the Appellants submitted that the Order of dismissal ought not to have been interfered with by the High Court in exercise of its jurisdiction under Article 226 of the Constitution of India. He further submitted that there is no bar of holding a departmental inquiry in spite of an acquittal by a Criminal Court. The past conduct of the delinquent employee could, still, be a subject matter of a Disciplinary Proceeding. He contended that the penalty of dismissal from service is proportionate with the delinquency.;