Back
IN THE HIGH COURT AT CALCUTTA
SUJOY PAUL, SMITA DAS DE
Bhubaneswar Das – Appellant
Versus
Union Of India – Respondent
Judgment :
Sujoy Paul, J.
1. This intra court appeal assails the order of learned Single Judge passed in WPA 17108 of 2004 decided on 13th September, 2021 whereby learned Single Judge has declined interference on the disciplinary proceedings and on the punishment of removal from service which was upheld by the appellate authority.
Back Ground Facts-
2. In short, the relevant facts for adjudication of this matter are that the appellant was initially appointed in Central Reserve Police Force (CRPF), Durgapur on 12.7.1996. On 3.4.1984, he was injured in a firing by terrorists while remained posted in Punjab. The appellant was given gun wound medal because of the said incident.
3. The appellant was informed that he will be able to perform telephone duty and, therefore, he was not sent on pension whereas four other personnel who suffered injuries along with appellant and got said medal were sent on pension.
4. The appellant was placed under suspension on 12.12.1971. The same was followed by a charge-sheet issued on 15.1.1992. The appellant denied the charges in toto by filing reply on 25.1.1992. Dissatisfied with the reply of the appellant, the disciplinary authority appointed an inquiry offi
Disciplinary decisions must be supported by unequivocal evidence; mere recovery of funds or suspicion is insufficient to substantiate allegations of misconduct.
A disciplinary enquiry must be based on evidence; mere allegations or FIR production without witness examination cannot substantiate a finding of guilt.
(1) Disciplinary Enquiry – Rules of evidence which apply to a criminal trial are distinct from those which govern a disciplinary enquiry – Acquittal of accused in a criminal case does not debar emplo....
Procedural fairness in disciplinary inquiries is paramount; mere allegations without supporting evidence or adherence to specified rules cannot justify punitive actions.
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
