The Rajasthan High Court has overturned the dismissal of a Central Reserve Police Force (CRPF) employee working as a Dhobi and ordered that he be taken back into service with consequential benefits. Justice Ashok Kumar Jain said the punishment imposed for alleged alcohol consumption while on duty and misconduct with colleagues was “shockingly disproportionate” and did not fit the framework of the Central Reserve Police Force Act, 1949.
What the case was about
According to the court record cited in the report, the petitioner had faced a complaint accusing him of drinking alcohol while on duty and behaving unruly with fellow personnel. He was found guilty under Section 10(n) of the CRPF Act, 1949, which relates to less heinous offences involving acts or omissions prejudicial to good order and discipline, and was sentenced to ten days’ simple imprisonment in quarter guards.
During that period of custody, the authorities issued a show-cause notice directing him to reply by the next day. Since he was in prison, he could not respond. After that, he was suspended and then dismissed from service.
Arguments before the court
The petitioner argued that he had not been given the statements of witnesses and was not afforded a reasonable opportunity of hearing, which he said violated natural justice. He also claimed that the medical report did not show any indication of alcohol consumption and that dismissal was far too severe for the alleged misconduct.
Justice Jain noted that the case did not involve a more heinous offence and that removal or termination is a major penalty reserved for grave misconduct. The court held that dismissal for a less heinous offence was not permissible and observed that such punishment amounts to the “economic death” of an individual.
High Court’s findings
The judgment said the Commandant had acted in a hurried and autocratic manner, amounting to a gross misuse of power. The court also pointed out that the medical report did not support the allegations and that the petitioner was already in custody when the notice was served, leaving him unable to file a reply.
The court further emphasised that being part of a disciplined force does not remove the right to a fair hearing or the chance to present a defence. On that basis, it set aside the dismissal and directed reinstatement.
The ruling, as reported, reinforces that disciplinary action in the CRPF must be proportionate to the misconduct proved and must comply with the principles of natural justice as well as the CRPF Act, 1949.
(Source: LiveLaw report dated 29 October 2026 on the Rajasthan High Court judgment delivered by Justice Ashok Kumar Jain.)

