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2022 Supreme(SC) 1020

DINESH MAHESHWARI, M. M. SUNDRESH
Union Of India – Appellant
Versus
Dilip Kumar Mallick – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. B.V. Balaram Das, AOR, Ms. Sakshi Kakkar, Adv., Mr. G. S. Makkar, Adv., Ms. Nidhi Khanna, Adv., Mr. A. K. Sharma, AOR
For the Respondent: Mr. Pijush K. Roy, Adv., Mrs. Kakali Roy, Adv., Ms. Ankita Sharma, Adv., Mr. Rajan K. Chourasia, AOR

ORDER :

DINESH MAHESHWARI, J.

Leave granted.

2. The challenge herein is to the judgment and order dated 25.03.2019 in Writ Appeal No. 223 of 2018, whereby the Division Bench of the High Court of Orissa at Cuttack, in partial disapproval of the order dated 10.04.2018 passed by the learned Single Judge of the High Court in Writ Petition(C) No. 24085 of 2018, interfered with the punishment of removal from service, as awarded to the respondent; and directed the present appellants to impose ‘any lesser punishment as deemed just and proper’.

3. The only question for consideration in this appeal is, as to whether the Division Bench of the High Court was justified in interfering with the quantum of punishment awarded to the respondent? The background aspects may be noticed to the extent relevant for the present purpose.

4. In the year 2003, the respondent was appointed under the Central Reserve Police Force (‘CRPF’) Group Centre, Bhubaneswar. While continuing in service, a departmental inquiry was initiated against him on the allegations that though he was involved in Kendrapara Police Station Case No. 349 dated 26.09.2001 for the offences punishable under Sections 341, 323, 294, 337, 506 read


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