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IN THE HIGH COURT AT CALCUTTA
SUJOY PAUL, SMITA DAS DE
Union Of India – Appellant
Versus
No. 87250608 Head Constable Raj Kumar – Respondent
JUDGMENT :
Sujoy Paul, J.
1. In this intra Court appeal, the challenge is mounted to the order dated 11.01.2017 passed by the learned Single Judge in WP 10263 (W) of 2015 whereby writ application was allowed and all show cause notices impugned therein and the basic order dated 01.03.2013 were set aside.
Factual background:
2. The appellant was working as constable in the Border Security Force. The second respondent issued a charge-sheet dated 20th May, 2011 to the respondent/employee under Section 46 of Border Security Force Act, 1968 (BSF Act). The employee was committed to be tried by a General Security Force Court (GSFC). After examining the witnesses, the GSFC prepared its findings on 11.06.2011. In turn, the second respondent by order dated 22.06.2011 declared that the disciplinary proceeding against the employee has been finalized by the GSFC and employee has been acquitted from all charges.
3. Since, the said finding of GSFC was subject to confirmation under Section 103 and 107 of BSF Act, the matter was placed before the competent/confirming authority.
4. The Special Director General (East)/3rd respondent was the confirming authority who passed the orders dated 01.03.2013 and
Confirming authority must provide clear justifications for disagreeing with Security Force Court findings and follow principles of natural justice in disciplinary actions.
Dismissal without adherence to natural justice principles and statutory procedures is invalid, necessitating reinstatement of the employee.
The principle of double jeopardy and the authority of the Confirming Authority to confirm findings and sentences under the Army Act.
Disciplinary authorities must act fairly and without bias, ensuring that the accused has a reasonable opportunity to contest findings before any punitive action is taken.
Termination of service is permissible under Section 10 of the Border Security Force Act when the trial is deemed impracticable or inexpedient, especially after non-confirmation of charges by the Conf....
Procedural fairness and adherence to principles of natural justice are critical in disciplinary enquiries, and failure to comply can render a dismissal unjust.
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