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IN THE HIGH COURT AT CALCUTTA
ANANYA BANDYOPADHYAY
Mani Kant Singh – Appellant
Versus
Union of India – Respondent
Judgment :
Ananya Bandyopadhyay, J.
1. The writ petitioner introduced himself as a member of the Central Industrial Security Force presently attached to the Netaji Subhash Chandra Bose International Airport, Kolkata, though at the material point of time he had been serving at Bagdogra Airport in the district of Darjeeling. According to the petitioner, the Unit at Bagdogra Airport functioned under the supervision of Shri Rohitashwa Kumar, Deputy Commandant, whose disposition towards the petitioner, as alleged, was marked by personal hostility and a sustained endeavour to implicate him on grounds wholly unconnected with the faithful discharge of official duty. The petitioner asserted that notwithstanding his diligence, discipline and unwavering devotion to service, the Deputy Commandant remained dissatisfied and persistently searched for occasions to bring the petitioner within the fold of disciplinary action by resorting to contrived “dummy checks”.
2. The narrative of the petitioner proceeds to disclose that a memorandum dated 31st October 2005 was issued under Rule 37 of the CISF Rules, 2001 alleging that the petitioner had failed to frisk a Sub-Officer of CISF posted at Airport Head
The court affirmed the principle that judicial review of administrative actions in disciplinary processes is limited to procedural correctness, not evidential review, and mandated reconsideration of ....
The Court upheld the penalty of removal from service based on the petitioner's admission of charges, failure to submit written explanations, and the consideration of the petitioner's previous conduct....
Disciplinary proceedings must observe due process and require substantial evidence; merely procedural lapses do not constitute misconduct.
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