BENGALURU: The High Court of Karnataka has ruled that an order of the Central Industrial Security Force (CISF) of compulsory retirement from service issued against a head constable for losing some documents is unfair and directed the CISF to reconsider it.
Justice Sachin Shankar Magadum passed this order on a petition by C Puttappa against whom the order of compulsory retirement from service was issued when he was in the CISF Unit, Ahmedabad. The court directed the Commandant, CISF, Kerala, to reconsider the punishment given to Puttappa in 2011.
“It is imperative to acknowledge that the petitioner has admitted to falling asleep at a bus stop resulting in inadvertent loss of documents. Human error is an inherent aspect of any professional setting. Therefore, a compassionate consideration of such instances is essential in maintaining a fair and just workplace. The principle of progressive discipline should be invoked, emphasising the need for proportionate punishment,” the court said.
The court upheld the findings and misconduct against Puttappa, but directed the commandant to modify the punishment within three months.
Allowing the petition of Puttappa in 2012, the court quashed the order passed by the Deputy Inspector General (Appellate Authority) and the Inspector General (Revisional Authority), CISF, confirming his compulsory retirement.
The court said the CISF did not specify what vital documents were lost to impose such an action against the petitioner. It also did not place any material to substantiate that those documents could not be reproduced. The petitioner should have faced a departmental inquiry for a minor offence.
Puttappa, who hails from Pillenahalli village in Kadur taluk of Chikkamagaluru district, joined CISF in 1988 as a constable (general duty) in Chennai.
He claimed that on October 14, 2010, he was sent to the CISF Headquarters in Bengaluru to hand over service documents along with some papers related to a case.
After visiting Bengaluru, he reported to the CISF Headquarters in Chennai to get approval for a draft counter affidavit. Later, he was directed to report to the National Industrial Security Academy, Hyderabad, to get approval for the affidavit. He was further directed to the headquarters of the Inspector General in Mumbai.
Accordingly, he reached Mumbai, but could not enter the CISF office due to rain. While waiting at a bus stop, he fell asleep because of fatigue as he travelling without a break. When he woke up, he realised that his bag containing documents was missing.