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KRISHNA RAO
Jagtar Singh – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Krishna Rao, J. - In the present writ application, the writ petitioner has challenged the order passed by the Disciplinary Authority dt. 20th August, 1999 wherein punishment of removal from service is awarded and the order passed by the Appellate Authority dt. 22nd April, 2000 wherein the Appellate Authority has rejected the appeal preferred by the appellant and upheld the order passed by the disciplinary authority.
2. The petitioner was working as Constable in the Central Industrial Security Force (herein after referred as 'CISF') and was posted at 12th Reserve Battalion, Farakka and was required to perform his duty at North Eastern States of Assam, Nagaland and Tripura etc.
3. On 3rd March, 1999, the Disciplinary Authority of the petitioner had issued Charge Memorandum against the petitioner on the allegation that when the petitioner was on duty from 21:00 hours in the night of 27th March, 1998 till 01:00 hours on 28th March, 1998, the petitioner had consumed liquor and due to his negligence when he was on duty at 21:05 hours one round has been fired from his Butt No. 31, Regd. No. 16142970 S.L.R due to which the petitioner himself suffered serious injury on his face.
4. On
In disciplinary proceedings, the principles of natural justice require that the person facing the charges should be given a fair opportunity to defend himself, including the right to cross-examine wi....
The main legal point established in the judgment is that the court's role in disciplinary proceedings is limited to ensuring fair treatment and compliance with natural justice. The judgment also emph....
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 High Court will not interfere with the findings of fact arrived at in departmental enquiry proceedings except in a case of mala fides or perversity. The quantum of punishment in disciplinary matt....
Disciplinary authority's findings must be based on evidence; failure to adhere to natural justice principles renders proceedings void.
The court emphasized the importance of maintaining discipline in an armed force and upheld the disciplinary authority's decision based on the evidence presented during the proceedings.
The court emphasized the importance of adhering to procedural fairness in conducting inquiries and highlighted that the proportionality of punishment should be considered in light of the seriousness ....
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