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IN THE HIGH COURT OF JUDICATURE AT PATNA
ANSHUMAN
Supriya Priyadarshini, D/o. Arun Kumar Pandey – Appellant
Versus
Union Of India, through the I.G., A.P. S, Central Industrial Security Force – Respondent
| Table of Content |
|---|
| 1. procedural violations in disciplinary actions can invalidate penalties. (Para 1) |
| 2. overview of the petitioner’s disciplinary actions (Para 2 , 3 , 4) |
| 3. arguments regarding procedural violations (Para 5 , 6) |
| 4. legal interpretation of rule 54 (Para 7 , 8 , 9) |
| 5. court's decision on the revision authority's order (Para 10 , 11 , 12) |
JUDGMENT :
(ANSHUMAN, J.)
Heard learned counsel for the petitioner and learned counsel for the Central Industrial Security Force (hereinafter referred to as the 'C.I.S.F.').
2. Learned counsel for the petitioner submits that the present Writ Petition has been filed for quashing of the order dated 24.12.2015 passed by the Assistant Commandant -cum- Disciplinary Authority, Birsa Munda Airport (as contained in Annexure -5 to the Writ Petition), order dated 03.03.2016 passed by the Deputy Commandant -cum -Appellate Authority, Birsa Munda Airport (as contained in Annexure-7 to the Writ Petition) and order dated 10.06.2016 passed by the Commandant /Revisioning Authority (as contained in Annexure -9 to the Writ Petition).
3. Learned counsel for the petitioner submits that the petitioner was appointed as GD/Constable in C.I.S.F. on 14.08.200. She was
The lack of reasonable opportunity to contest penalty enhancement violates procedural requirements, mandating annulment of the revised order and a fresh evaluation per legal norms.
The Revisional Authority can enhance punishment under CISF Rules if due process is followed, and the petitioner must utilize the appeal process provided therein.
The revisional authority must provide an opportunity for representation if proposing to enhance the penalty imposed by the order sought to be revised, as per Rule 29(1) of the Central Civil Services ....
The court held that a disciplinary authority must reconsider the punishment imposed when a charge is not proven, ensuring adherence to principles of natural justice.
The judgment establishes that there is no provision for filing an appeal/application against the order of revision, and the petitioner can challenge the final order by way of revision before the conc....
Disciplinary punishment must be proportionate to established charges; unproven allegations should impact final penalties.
Disciplinary authorities must establish charges of misconduct with sufficient evidence; modifications to penalties must balance discipline with compassion.
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