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SHAMPA DUTT (PAUL)
Nikhil Hembram – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Shampa Dutt (Paul), J.
1. The present Writ Petition has been preferred against an order dated June 24, 2009 passed by the Appellate Authority of Disciplinary action under The Central Industrial Security Force Act, 1968 and the Central Industrial Security Force Rules, 2001 and order dated April 14, 2009 passed by Commandant, The Central Industrial Security Force, D.T.P.S. Unit, Durgapur, imposing penalty of removal from service of the petitioner with effect from April 14, 2009 (A.N.).
2. The petitioner’s case is that:-
Disciplinary penalties must be proportionate to the misconduct, considering the individual's service history and circumstances surrounding the case.
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 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 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 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.
Power of judicial review is meant to ensure that the individual receives fair treatment and not to ensure that the conclusion which the authority reaches is necessarily correct in eyes of law.
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