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IN THE HIGH COURT AT CALCUTTA
AJAY KUMAR GUPTA
Bheemappa L.K. – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Ajay Kumar Gupta, J.
1. The present writ petitioner challenges the order of removal from service by the disciplinary authority of the Central Reserve Police Force (CRPF). Subsequently, it was confirmed by the first appellate authority, in revision and the second appellate authority.
FACTS OF THE CASE:-
2. The brief facts, leading to the filing of this writ petition, are embolden herein below: -
a. The petitioner was appointed as a Constable (GD) in the Central Reserve Police Force and served the organisation for approximately 24 years without any blame. He had a clear service record. While he was posted with the 165 Battalion, CRPF Tangasole, West Midnapore, West Bengal, a memorandum of charge dated 5th October, 2019 was issued by the Commandant, 165 Battalion, CRPF Tangasole, West Bengal against him with the allegations as under: -
“No. 941381809 CT/GD Bheemappa L.K. of D/165 Bn., CRPF while functioning as Constable (GD) in B/51 Bn. During 04/2000 to 07/2004 contracted second marriage with Laxmi Bindha Debbarma during 2001 when he has a first wife living namely Smt. Laxmi B. Koraw and thus violated the provisions of Rule 15 of CRPF Rules 1955 and Rule 21 CCS (Conduct) Rules,
The main legal point established in the judgment is the need for proportionality in the punishment imposed for violations of service rules, considering the individual circumstances and the impact on ....
Disciplinary termination without jurisdiction violates natural justice; customary divorce acknowledged, rendering bigamy charges invalid under personal law.
The issue of constructive res judicata and the requirement of proving guilt in a disciplinary proceeding.
Customary divorce invalid under Hindu Marriage Act unless proven immemorial and reasonable; deemed service by registered post allows ex parte enquiry; criminal acquittal does not bar disciplinary act....
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