Back
IN THE HIGH COURT AT CALCUTTA
SUJOY PAUL, SMITA DAS DE
Yeshveer – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. overview of disciplinary proceedings and appeals. (Para 1 , 2 , 3 , 4 , 5) |
| 2. appellant's arguments against charges and evidence. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 3. cisf's defense and procedural arguments. (Para 12 , 13 , 14 , 15) |
| 4. court's observations on vagueness and misconduct. (Para 18 , 19 , 20 , 22 , 23 , 24) |
| 5. court's decision on appeal and punishment assessment. (Para 25 , 26 , 27) |
| 6. outcome of the intra court appeal. (Para 28) |
JUDGMENT :
SUJOY PAUL, J.
1. This intra court appeal takes exception to the order of learned Single Judge dated 15.12.2015 passed in WP 25130(W) of 2015 whereby the learned Single Judge dismissed the writ petition wherein the appellant assailed the disciplinary proceedings and punishment order.
Admitted facts:-
2. The appellant was working as a constable in Central Industrial Security Force (CISF) and at the relevant time was posted in Bongaigaon Refinery and Petrochemicals Limited, Bongaigaon (BRPL). He was deployed at the main gate for the purpose of security. The department issued a major penalty charge-sheet to the appellant on 11th December, 2008. Three charges were leveled against the appellant. The appellant denied the charges in t
Disciplinary charges must be clear; prior conduct can be included for context in proceedings. Standards of proof rely on 'preponderance of probability'; violation of natural justice must cause seriou....
Disciplinary actions must follow principles of natural justice, and punishment should only be altered if found shockingly disproportionate; lack of proof for a charge does not justify changing penalt....
The main legal point established in the judgment is the requirement for similarity in charges and proportionality in punishment, as well as the applicability of the Industrial Disputes Act, 1947 in c....
The standard of proof in disciplinary proceedings is based on preponderance of probabilities, and courts will not interfere unless the punishment is shockingly disproportionate to the misconduct.
The main legal point established in the judgment is the limited scope of interference in disciplinary proceedings, emphasizing the need for evidence-based findings and the principles of proportionali....
Disciplinary proceedings must be supported by adequate evidence, and a lack of procedural compliance can lead to judicial intervention.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
