MOHIT KUMAR SHAH
Dhananjay Kumar Ray – Appellant
Versus
Union of India – Respondent
Mohit Kumar Shah, J. – The present writ petition has been filed for setting aside the order dated 22.09.2003, passed by the Group Commandant, C.I.S.F., Boring Road, Patna i.e. the respondent no. 4, whereby and whereunder the petitioner has been inflicted with the punishment of lowering of pay scale for one year with cumulative effect as also it has been directed that the petitioner would not be paid anything except the subsistence allowance for the suspension period. The petitioner has also prayed for quashing of the order dated 02.08.2004, passed by the Deputy Inspector General, Eastern Zone Headquarters, C.I.S.F., Boring Road, Patna i.e. the respondent no. 3, whereby and whereunder the appeal filed by the petitioner has been rejected. Lastly, the petitioner has prayed for quashing of the order dated 19.09.2007, passed by the Inspector General, C.I.S.F. Eastern Sector Headquarters, Patna, whereby and whereunder the revision petition filed by the petitioner has been dismissed.
2. The brief facts of the case, according to the petitioner, are that he was initially recruited as a Constable in the Central Industrial Security Force (hereinafter referred to as “the C.I.S.F.”) and was subs
The High Court does not act as an appellate authority in disciplinary matters and will not interfere with the quantum of punishment unless it is shocking to the conscience.
The main legal point established in the given judgment is the limited scope of judicial review in disciplinary inquiries and the principles of proportionality and the Wednesbury rule.
The main legal point established in the judgment is that the proof of demand and acceptance of illegal gratification is essential to establish guilt under the Prevention of Corruption Act, and the co....
The court emphasized the necessity of adhering to principles of natural justice in disciplinary inquiries, asserting that findings must be supported by adequate evidence and fair procedures.
The main legal point established in the judgment is the limited scope of interference in disciplinary proceedings, emphasizing the need for evidence-based findings and the principles of proportionali....
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