Mumbai: The Bombay High Court has refused relief to a Central Industrial Security Force (CISF) constable who was dismissed from service for sleeping on duty at the Mauda Thermal Power Plant in Nagpur, where he was posted as a guard at one of the watchtowers.
A division bench of Chief Justice Dipankar Datta and Justice Abhay Ahuja, on Tuesday, observed that he was a member of a disciplined force entrusted to guard an establishment of public importance.
The HC was hearing a petition filed by Kyatale Santosh Ramesh challenging his dismissal in March 2021. He contended that the punishment was disproportionate to the gravity of the alleged offence.
However, it was brought to the court’s notice that his superiors had found him sleeping while on night duty in the past as well. Earlier, warnings were issued to him for indiscipline and gross negligence.
The judges noted that his contention was untenable and a “sympathetic” view could have been taken if the petitioner had made out a case that “he slept on duty for reasons beyond his control”.
“However, the facts found to be proved are quite glaring,” said the judges adding, “The petitioner, a member of a disciplined force entrusted to guard a plant of public importance, was found to be in deep slumber while on night duty.” The bench concluded that the “the petitioner was a habitual offender cannot be said to be a perverse finding”.
