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HIRANMAY BHATTACHARYYA
Aniruddha Goswami – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
Hiranmay Bhattacharyya, J.
1. The petitioner has prayed for setting aside the final order of punishment dated 22.09.2001 passed by the disciplinary authority, the order dated 07.12.2002 passed by the appellate authority and the order passed by the revisional authority on 17.07.2003 in this writ petition.
2. While the petitioner, being a constable of CISF unit, was deployed at Durgapur Steel Plant (for short "DSP"), Durgapur, he was served with a charge sheet under Rule 34 of the CISF Rules 1969 vide Office Memorandum dated 21.03.2001.
3. The first charge against the petitioner was that while on duty at PWS gate in Durgapur Steel Plant on 09.02.2001 from 1300 hrs. to 2100 hrs., he allowed the sentry of watch Tower No. 13 namely, constable Anil Das to go out through PWS gate leaving rifle and ammunition issued to him at PWS gate unsafe. The second charge against the petitioner was that the petitioner exhibited gross misconduct, indiscipline and sheer negligence towards his duties in that while he was detailed for the security duty at PWS gate in DSP from 1300 hrs. to 2100 hrs. on 09.02.2001, and he did not extend any help to the personnel of crime wing when they shouted for he
The absence of a Presenting Officer does not vitiate disciplinary proceedings if conducted fairly, and misconduct is defined as conduct inconsistent with the faithful discharge of duty.
Procedural safeguards, fair hearing, and compliance with statutory mandates are essential in disciplinary proceedings, and the violation of such safeguards can render the disciplinary action void.
Disciplinary proceedings must adhere to principles of natural justice, including providing access to relevant evidence. Failure to follow these may invalidate the proceedings.
Disciplinary proceedings must follow the principles of natural justice, including the right to evidence, but non-supply of evidence does not invalidate proceedings if the accused received a fair chan....
Disciplinary proceedings must adhere to the principles of natural justice, including supplying relevant documents, but if no prejudice is established, the proceedings may still be upheld.
Disciplinary proceedings - Question whether evidence against the charged officer was adequate or reliable in the departmental proceeding would not be a ground for interfering with the findings of the....
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 main legal point established in the judgment is that disciplinary proceedings must adhere to the provisions of the relevant disciplinary rules and acts, and the penalty imposed must be commensura....
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