Drinking liquor on duty - Penalty of dismissal is disproportionate

Delhi High Court Reinstates CRPF Constable Sarjeet Singh, Quashes Disproportionate Dismissal. Court finds dismissal for consuming liquor on duty disproportionate, orders reinstatement with modified penalty

In a significant ruling, the Delhi High Court has overturned the dismissal of Ex. Constable Sarjeet Singh from the Central Reserve Police Force (CRPF), finding the penalty of dismissal for consuming liquor while on duty disproportionate. The court ordered his reinstatement with a substituted penalty of stopping two annual grade increments.

The judgment was delivered by the Division Bench comprising Justices Dinesh Mehta and Vimal Kumar Yadav on November 12, 2025. The bench examined the disciplinary proceedings initiated against Sarjeet Singh, who was dismissed from service following a charge of consuming liquor during duty hours on July 21, 2005.

The disciplinary authority had imposed the extreme penalty of dismissal, citing past incidents of misconduct, despite these incidents not being part of the charge-sheet. The court held that such consideration violated the principles of natural justice, as the petitioner had not been given notice of proposed punishment, nor were the past incidents formally charged.

The court noted, "The disciplinary authority had not only considered and approved upon the findings of the Inquiry Officer but has gone a step ahead and taken into consideration various other similar incidents." The court found that these considerations were outside the scope of the original charge and therefore arbitrary.

The petitioner had contended that the penalty was excessive and that Section 11(1) of the CRPF Act, 1949 provides for minor penalties, whereas the disciplinary authority imposed a major penalty. The Delhi High Court agreed, stating that the punishment of dismissal was not proportionate to the misconduct involved and would shock the conscience of the writ court.

The bench ordered that Sarjeet Singh be reinstated by January 1, 2026, and directed the CRPF to pay him 50% of the salary and allowances, excluding duty-related allowances, by March 31, 2026, failing which interest at the rate of 6% per annum would apply.

This judgment highlights the importance of adhering to principles of natural justice in disciplinary proceedings and sets a precedent for proportionality in the imposition of penalties within disciplined forces.

Bottom Line:

Disciplinary proceedings against a Constable in CRPF for consuming liquor on duty - Extreme penalty of dismissal found disproportionate - Past incidents not part of charge-sheet cannot be considered for imposing severe punishment - Principles of natural justice violated - Penalty of dismissal substituted with stoppage of two annual grade increments.

Statutory provision(s): Central Reserve Police Force Act, 1949 Section 11(1), Constitution of India, 1950 Article 226/227

Ex. Const(GD) Sarjeet Singh v. U.O.I, (Delhi)(DB) : Law Finder Doc Id # 2807217