The misconduct of misbehaving with the superior/senior officer and of insubordination can be said to be a very serious misconduct and cannot be tolerated

Union of India vs Const Sunil Kumar | Disciplinary Proceedings | CRPF | Judicial Review | Strikingly Disproportionate Punishment | CA 219 OF 2023 | 19 Jan 2023 | Justices M R Shah and C T Ravikumar | 2023 LiveLaw (SC) 49 | In exercise of powers of judicial review interfering with the punishment of dismissal on the ground that it was disproportionate, the punishment should not be merely disproportionate but should be strikingly disproportionate | Only in an extreme case, where on the face of it there is perversity or irrationality, there can be judicial review under Article 226 or 227 or under Article 32 of the Constitution | Even in a case where the punishment is found to be disproportionate to the misconduct committed and proved the matter is to be remitted to the disciplinary authority for imposing appropriate punishment/penalty which as such is the prerogative of the disciplinary authority | The misconduct of misbehaving with the superior/senior officer and of insubordination can be said to be a very serious misconduct and cannot be tolerated in a disciplined force like CRPF – Whether a member of the force has committed a heinous offence or a less heinous offence as per Sections 9 and 10 would have bearing on inflicting the punishment as provided under Sections 9 and 10 but has no relevance on the disciplinary proc eedings/departmental enquiry for the act of indiscipline and/or insubordination.