AIR 2017 SC 200 ::2017 (2) ADR 91 ::(2017) 1 CurLR 637 ::(2017) 152 FacLR 431 ::2017 (4) SCC 507 ::(2016) 12 Scale 853 ::(2017) 3 ESC 423 ::(2017) 1 Lab LN 603 ::(2017) 1 KCCR 40 ::(2017) 1 SCT 682 ::(2017) 3 ServLR 98

Supreme Court Of India

(From : Delhi)*

Hon'ble Judge(s): T. S. Thakur, D. Y. Chandrachud, L. Nageswara Rao , JJJ

(A) Central Industrial Security Force Act (50 of 1968) , S.22— Central Industrial Security Force Rules (1969) , R.36— Misconduct - Respondent, member of Armed force instructed not to leave unit - Despite such order of superiors respondent deserted force for period of 5 days - Intentional disobeyance of order of superiors and such desertion - And not improving his conduct in spite of imposition of penalty on three occasions earlier - Tantamounts to gross misconduct - However, penalty of dismissal is harsh and excessive - Penalty of compulsory retirement would meet the ends of justice. 2014 (214) DLT CN 16, Reversed. (Para 9 12) (B) Constitution of India , Art.20— Central Industrial Security Force Act (50 of 1968) , S.22— Central Industrial Security Force Rules (1969), R. 36 -Double jeopardy - Respondent, member of Armed force not improving in spite of being punished earlier - Had become habitual in indiscipline and disorderliness - Dismissal from service on basis of past conduct - Does not amount to double jeopardy - Past conduct of delinquent employee can be considered for imposing penalty. (Para 10) (C) Constitution of India , Art.226— Writ jur....