Union of India vs Pranab Kumar Nath; 2025 INSC 1479 - CISF Rules - Disqualification - Disciplinary Proceedings

CISF Rules, 2001 - Chapter IV - Section 18- Disqualification - Rules are premised on an institutional requirement for all members of the force(s) to maintain the highest standards of discipline, public confidence and integrity. It is generally understood that acts, whether in personal or professional life, if they involve the possibility of domestic discord, financial vulnerability or divided responsibilities, they have the potential to adversely impact operational efficacy given mental/psychological stability is key. It is also to be noted that these rules are not a moral censure, but simply a service condition, which, it need not be stated, an employer is perfectly within their rights to prescribe, so long as such conditions are not arbitrary, disproportionate or violative of constitutional protections, which in any event stand taken before us. For instance, where the personal law applicable to a service member permits either polygamy or polyandry or the first marriage of such a service member was void, voidable or the like, then, regulation by the employer without due regard therefor would step into the undesirable realms of overregulation, removed from the paramount interests of service discipline. (Para 7)

Constitution of India - Article 226 - Disciplinary Proceedings - Under Article 226 jurisdiction, the court is not akin to an appellate Court, its powers are limited to the extent of judicial review. They cannot set aside punishment or impose a different punishment unless they find that there is substantial non-compliance of the rules.  (Para 8)

Interpretation of Statutes -Any provision of law or rule framed under a statute prescribing penal consequences, has to be strictly construed for the conditions that can trigger such a clause must be flowing from the words employed therein. When such a rule presents any ambiguity, the interpretation which favours the person sought to be penalised, is to be preferred. (Para 9)

Legal Maxim - Dura lex sed lex - “The law is hard, but it is the law” - Inconvenience or unpleasant consequences of violation of law cannot detract from the prescription of the law. (Para 9)