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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SRI JUSTICE HARINATH.N, J
K. Kumar, Nellore – Appellant
Versus
Union Of India Rep By Dir Gen New Delhi – Respondent
ORDER :
(HARINATH N., J.)
The petitioner is challenging the proceedings dated 13.07.2001 issued by the 4th respondent dismissing the petitioner from service. The petitioner is also challenging the proceedings dated 19.04.2006 and further proceedings dated 31.05.2011 passed by the respondents 2 and 3 respectively affirming the order of dismissal dated 13.07.2001.
2. The petitioner was working as a Constable in CISF (Central Industrial Security Force). On 14.11.2000, while the petitioner was on duty, he suffered with stomach pain and after informing his shift in-charge, the petitioner left for home, and his family members shifted him to his native place. Crime No.183 of 2000, which was registered for theft of Hybrid Micro Circuit with Kengari Police. The police recovered the Circuit, which valued Rs.1,40,000/- from K.U.Subarmani. The petitioner was also allegedly involved in the commission of theft as per the statement of K.U.Subarmani. Charge sheet dated 30.12.2000 was issued to the petitioner alleging misconduct and dereliction of duty resulting in theft of Hybrid Micro Circuit. A charge on unauthorized absence was also framed. An enquiry was conducted, and after calling for explanati
The court upheld the dismissal of a constable for misconduct, emphasizing the importance of timely appeals and the supervisory nature of certiorari under Article 226.
The party who invokes the extra ordinary jurisdiction under Article 32 and Article 226 is supposed to the truthful, frank and open. He cannot be allowed to play ‘hide and seek’ or to ‘pick and choose....
The importance of truthfulness and openness when invoking extraordinary jurisdiction under Article 32 and Article 226, and the serious view taken on indiscipline in the Armed Forces.
The court established that an employee's failure to attend disciplinary proceedings and provide credible medical evidence can justify dismissal from service.
Power of judicial review is meant to ensure that individual receives fair treatment and not to ensure that conclusion which authority reaches is necessarily correct in eye of Court.
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