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MADHURESH PRASAD
Ravi Kumar Singh S/o Shri Mithilesh Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT :
MADHURESH PRASAD, J.
1. Heard the parties.
2. The petitioner seeks quashing of office order dated 23.08.2017 issued by the Commandment, 205, Cobra Battalion, whereby and whereunder the petitioner has been removed from service. The petitioner also seeks reinstatement with all consequential benefits.
3. The brief factual background is that petitioner was appointed as a constable (general duty) on 20.06.2012 and posted under 205, Cobra Battalion at Barachatti in the district of Gaya. Charge memo dated 04.08.2016, containing three charges, was served upon the petitioner. The charges in the charge memo were: (i) of availing ‘out-pass’ and leaving the battalion without seeking permission for ‘out-pass’ in accordance with the existing rules, returning after the period prescribed for ‘out-pass’ in an inebriated condition. (ii) After returning to the camp, when the Deputy Commandment (Admin) questioned him, he got infuriated and hurled abuses against his superior authorities and his colleagues and (iii) He climbed on the railing of the roof top of the four storey building and threatened that he would commit suicide by jumping from the roof top, again while hurling abuses.
4. In spite
The petitioner waived his right to allege violation of natural justice principles by not responding to the charge memo and not availing the remedy of appeal before the Appellate Authority as prescrib....
Failure to avail the opportunity as required by the principles of natural justice constitutes a waiver of the right to allege violation of principles of natural justice.
The punishment imposed must be proportionate to the gravity of the misconduct, and the principles of natural justice and statutory regulations prescribing the mode of enquiry must be followed.
The court emphasized the importance of following the prescribed disciplinary procedures and upheld the principle of proportionality in imposing penalties for misconduct.
The Court emphasized the importance of proportionate punishment and directed the Appellate Authority to reconsider the appeal in light of this principle.
The court's decision highlighted the discretionary nature of issuing a writ under Article 226 of the Constitution of India and emphasized the limited scope for interference in disciplinary matters, u....
The punishment of dismissal was disproportionate to the offence of unauthorized absence from duty.
The court emphasized the necessity of adhering to principles of natural justice in disciplinary proceedings, ruling that failure to do so can lead to quashing of punitive actions.
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