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MOHIT KUMAR SHAH
Kamlesh Bhai Kanti Bhai Parmar – Appellant
Versus
Union of India – Respondent
Mohit Kumar Shah, J. – The present writ petition has been filed for quashing the order dated 26.04.2011 passed by the Commandant, 159 Battalion CRPF, Gaya i.e. the respondent no. 6, whereby and whereunder the petitioner has been inflicted the punishment of removal from service as also for setting aside the order dated 01.04.2013 passed by the respondent no. 4, whereby the appeal filed by the petitioner has been rejected.
2. The brief facts of the case, according to the petitioner, are that the petitioner was appointed as Sepoy/GD for general work in the Central Reserve Police Force on 11.03.2004. A show cause notice was issued to the petitioner vide letter dated 24.08.2010, asking him to furnish explanation regarding his gross misconduct in performance of his duties on the allegation that on 11.01.2010 at about 7:00 P.M., before going for operation duty, he had consumed liquor and had also threatened his colleagues that he would kill them. Thereafter, a departmental proceeding was initiated against the petitioner and an Enquiry Officer was appointed wherein the petitioner had appeared, accepted the charges levelled against him and had pleaded guilty but had said that he had not give
In disciplinary proceedings, past conduct can be considered, and the standard of proof is lower than in criminal cases, focusing on the preponderance of probabilities.
The court upheld the punishment of dismissal from service, finding it to be proportionate to the offense committed and in compliance with the due process of law.
The main legal point established in the judgment is the principle of proportionality in imposing disciplinary action, the requirement for clear and specific charges in a domestic inquiry, and the sco....
Disciplinary punishment must align with the severity of the misconduct, and excessive penalties can be subject to judicial review and modification.
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