In Brief
A CISF Constable (Respondent) was dismissed from service after a departmental inquiry found him guilty of desertion (leaving unit lines despite orders) and habitual indiscipline despite prior penalties. Though he was criminally acquitted of kidnapping charges, the High Court set aside the dismissal on grounds of proportionality. The Supreme Court held the disciplinary findings justified and that considering past conduct is not double jeopardy. However, dismissal was excessive punishment. The Court modified the penalty to compulsory retirement with notional service continuation for pension eligibility but without salary, upholding the importance of military discipline."
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