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RAJA BASU CHOWDHURY
Arun Roy Sarkar – Appellant
Versus
Union of India – Respondent
JUDGMENT :
RAJA BASU CHOWDHURY, J.
1. The present writ petition has been filed, inter-alia, challenging not only the final order of dismissal dated 10th December, 2004, but the order passed by the Appellate Authority dated 3rd October, 2005 as also the order passed by the Revisional Authority dated 7th April, 2009.
2. The petitioner was employed in the Central Industrial Security Force (in short “CISF”) and was initially appointed as a Constable. After successfully completion of his basic training and after discharging his duties in various units of CISF, he was selected as Head Constable (Driver) and had been performing his duties as the Head Constable (Driver).
3. It is the petitioner’s contention that until he was posted on Subansiri Unit he had no issue with his senior. Unfortunately, in the aforesaid unit, the Deputy Commandant by misusing his power had started harassing the petitioner. The petitioner was inflicted with a penalty of seven days pay cut. However, at the intervention of the Inspector General of the unit, he was transferred to CISF unit of ONGC, Tripura.
4. The petitioner contends that the Commandant of the Agartala Unit, where he was transferred, behaved indifferently
The Court upheld the penalty of removal from service based on the petitioner's admission of charges, failure to submit written explanations, and the consideration of the petitioner's previous conduct....
The judgment emphasized the importance of complying with the rules of natural justice, evidence-based findings of misconduct, and the proportionality of punishment in disciplinary proceedings.
The duty of the constable to protect plant properties and the appellate authority's consideration of the gravity of the charges in enhancing the penalty.
The main legal point established in the judgment is that disciplinary orders must comply with the principles and provisions of the applicable rules and regulations, including the requirement for vali....
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.
Disciplinary penalties must be proportionate to the misconduct, considering the individual's service history and circumstances surrounding the case.
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