In a landmark ruling ending a 27-year legal struggle, the Punjab and Haryana High Court has ordered the reinstatement of a Central Industrial Security Force (CISF) constable who was dismissed from service back in 1998. The court has directed the force to restore the constable with all consequential benefits, including full back wages.
A Quarter-Century Legal Battle Concludes
The case revolved around Constable Rajbir Singh, who was posted with the 9th Reserve Battalion of the CISF in Rourkela. His service was terminated on January 30, 1998, following an order issued by the Deputy Inspector General (DIG) of CISF. The dismissal was based on allegations of misconduct, specifically that Singh had overstayed his leave and was absent from duty.
Challenging this termination, Singh approached the High Court, arguing that the principles of natural justice were violated in his case. His legal counsel contended that the constable was not afforded a proper opportunity to defend himself against the charges before the punitive action was taken.
Court Finds Flaw in Dismissal Process
After hearing the arguments, a bench of the High Court scrutinized the procedure followed by the CISF authorities. The court observed significant irregularities in the disciplinary process that led to Singh's dismissal.
The bench noted that the inquiry conducted against the constable was not fair or transparent. Crucially, the court found that Rajbir Singh was not given a reasonable chance to present his side of the story or to cross-examine witnesses who testified against him. This failure, the judges ruled, constituted a fundamental breach of natural justice, rendering the entire disciplinary action invalid.
Complete Reinstatement with Full Benefits Ordered
Allowing the constable's petition, the High Court set aside the dismissal order that had been passed more than two and a half decades ago. The court issued clear directives to the CISF, a central armed police force under the Union Ministry of Home Affairs.
The CISF has been commanded to reinstate Rajbir Singh into service immediately. Furthermore, the force must grant him all the attendant benefits he would have accrued had his service not been interrupted. This comprehensive relief includes payment of his full salary and allowances for the entire period from his dismissal in 1998 until his reinstatement now.
The ruling underscores the judiciary's role in protecting the rights of government employees and ensuring that administrative actions adhere strictly to the principles of justice and fair play, no matter how much time has passed.
