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IN THE HIGH COURT AT CALCUTTA
PARTHA SARATHI SEN
Rinku Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT :
PARTHA SARATHI SEN, J.
1. The subject matter of the instant writ petition is the order dated 09.12.2024 being the order of punishment as imposed by the respondent authorities upon the writ petitioner, the order of the reviewing authority dated 13.02.2024 under Section 163 of the Navy Act, 1957 hereinafter referred to as the “said Act” in short and the order dated 24.07.2024 as passed by the Armed Forces Tribunal, Regional bench, Kolkata in OA No. 119 of 2024. By the impugned order dated 09.12.2024 the respondent authorities dismissed the writ petitioner from naval service along with deprivation of Third, Second and First GCB. By the impugned order dated 13.02.2024 as passed by the reviewing authority under Section 163 of the said Act, the competent authority while allowing the review petition of the writ petitioner set aside the trial proceeding and punishment order dated 20.02.2023 with a direction to retry the writ petitioner in accordance with the said Act. By the impugned order dated 24.07.2024 the said Tribunal in OA No. 119 of 2024 recorded a finding that retrial of the writ petitioner was completed and thus, recorded that appropriate orders including qua grant of in
Procedural fairness is fundamental; failure to provide reasons in a disciplinary trial invalidates the findings.
Judicial review of disciplinary actions is limited to ensuring due process was followed, not to reassess the proportionality of punishment unless it is shockingly disproportionate.
The main legal point established in the judgment is the mandatory nature of procedural requirements under the Army Act and Rules, emphasizing the importance of fair trial rights and compliance with n....
Due process must be adhered to in disciplinary proceedings, including proper jurisdiction and fair opportunity for defense; failure to follow established protocols invalidates the punishment imposed.
The findings in the criminal and departmental proceedings were based on the same set of facts, and acquittal in a criminal case does not automatically entitle the individual to relief in departmental....
The main legal point established in the judgment is the mandatory nature of the procedural requirements for recording the 'plea of guilty' and the need for fair trial guaranteed under the Border Secu....
The court established that disciplinary actions must adhere to principles of natural justice and proportionality, especially when imposing severe penalties like dismissal.
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