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IN THE HIGH COURT AT CALCUTTA
Partha Sarathi Chatterjee, Kausik Chanda
Union of India – Appellant
Versus
Ghanshyam Dutta Meena, Constable/04SF1521397 – Respondent
JUDGMENT :
1.The entire sequence of events culminating in the imposition of the penalty of removal from service upon the writ petitioner/respondent by the Railway Protection Special Force (in short, RPSF), appears to be an instance of procedural and substantive error.
2. It is necessary to set out the factual narrative beginning with the charge framed against the respondent. The charge framed against the respondent is as follows:
“ARTICLE OF CHARGE
Shri Ghanshyam Datt Meena CT/04SF1521397 of “D' Coy, 4BN/RPSF/NJP is charged for serious breach of discipline, violation of lawful orders and discreditable conduct prejudicial to the discipline of the Force in that:-
Shri Ghanshyam Datt Meena CT/04SF1521397 of “D' Coy, 4BN/RPSF/NJP Illegal and undesirable comments in social Media i.e. in Facebook. “AC M.C. TYAGI SE CHUTTI MANGNE PER GALI BHI DIYA THA”, pertaining of passing of objectionable and illegal comments on the Facebook/social media in connection with the post killing period of Shri M.C. Tyagi AC/6BN/RPSF/DBSI. Report reveals that CT/Yogendra Singh Koyar, RPF/WCR did initial post on Facebook/Tiger conversation upload & video clip at 06:21 hrs on the day of assassinate in and like most
Disciplinary actions must adhere to established procedural rules; lack of conclusive evidence for original charges invalidates imposed penalties.
The main legal point established in the judgment is the requirement for clear reasons and objective criteria when dispensing with a departmental enquiry under Rule 161(ii) of the Railway Protection F....
Removal from service upheld for discreditable conduct by disciplined force member captured on viral video/CCTV; inquiry valid without complainant; courts limit review, deferring to authority where pr....
The principles of natural justice, including the right to be heard and the right to a fair and impartial hearing, must be adhered to in disciplinary proceedings against government employees.
The doctrine of constructive res-judicata applies when a party fails to challenge certain findings in a previous petition, and the court cannot interfere with the disciplinary authority's decision if....
High court cannot sit in appeal and examine the reasons assigned by the authority and confirmed by the appellate as well as revisional authority.
The issue of constructive res judicata and the requirement of proving guilt in a disciplinary proceeding.
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