Caught sleeping at Burnpur steel plant: Why Calcutta High Court refused to forgive this CISF constable

Punishment for sleeping on duty

The petitioner was serving as a constable on general duty at the CISF unit within the Indian Iron and Steel Company’s (IISCO) plant in Burnpur. On the intervening night of October 26 and 27, 2020, during a surprise check at the steel plant at around 12:55 am, the petitioner was allegedly found asleep while seated in his chair at his duty post.

Thereafter, the authority issued a show-cause notice to the petitioner asking him to explain why disciplinary action should not be taken against him.

In response, the petitioner stated that he had been suffering from fever and body pain on the said day and, despite having been advised to take rest by the doctor, he continued to perform his duty owing to a shortage of manpower. On such grounds, he requested that no punitive action be taken against him.

Following this show-cause notice and a subsequent memorandum of charges alleging gross misconduct and dereliction of duty, the disciplinary authority awarded a minor penalty, a “fine equivalent to two days” of pay.

The petitioner’s subsequent appeal and revision applications were rejected by higher authorities, leading him to move the Calcutta High Court to quash the orders and restore his service record for future promotion prospects.

Petitioner’s case

Appearing for the petitioner, advocate Aniruddha Datta submitted before the Calcutta High Court that the petitioner was assigned 12 hours of duty from 5 pm to 5 am on October 25, 2020, and again eight hours of duty from 9 pm to 5 am on October 26.

In other words, it was contended that the petitioner was being made to work above and beyond his regular hours due to a shortage of employees.

It was further submitted before the Calcutta High Court that the disciplinary authority also did not consider his sincere, diligent, and satisfactory performance prior to the incident.

‘Should inform authority if unfit’

• It is an undisputed fact that the petitioner was found sleeping on the chair at the duty post on October 27, 2020, at about 12.55 am, the Calcutta High Court said.
• The petitioner contends that he had been assigned long shifts of 12 hours and eight hours consecutively, when he was suffering from fever and body ache, and due to the consumption of medicine, he was dizzy and fell asleep.
• On medical grounds, he should be exonerated from the charges levelled against him.
• We do not find any illegality or perversity in the imposition of the minor punishment, particularly when the petitioner himself admitted the incident at the time of inspection.
• He produced a medical prescription issued by a local doctor dated October 26, 2020.
• It appears that despite his alleged illness, he continued to perform duties after having a sufficient interval between shifts.
• If he was genuinely unfit to discharge duty, it was incumbent upon him to inform the competent authority in advance. Admittedly, no such intimation was given, which is not the conduct expected from a member of the CISF.
• The disciplinary authority, as well as the appellate authority, recorded that the duty entrusted upon the petitioner was a sensitive duty post and any carelessness on his part could have posed a serious threat to the plant, its property, and human life.
• It was further observed that, in terms of the prevailing directions and duty charter, the petitioner was under an obligation to remain alert at all times while on duty.