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RAJANI DUBEY
Ghanshyam Singh, S/o Sonsai Gond – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER :
1. The present petition under Article 226 of the Constitution of India has been filed by the petitioner challenging the order of disciplinary authority dated 29.10.2010 (Annexure P/1) whereby the punishment of reduction of one salary increment with cumulative effect was imposed upon the petitioner. He also challenged the order dated 28.07.2011 (Annexure P/2) whereby the petitioner was dismissed from service and further challenged the order dated 21.11.2012 (Annexure P/3) passed by respondent No.2 by which the mercy appeal of the petitioner was dismissed.
2. Brief facts of the case as projected by the petitioner, are that in the year 2008, the petitioner was posted on the post of Head Constable at P.S. Somani, District- Rajnandgaon (C.G.). A written complaint was made by the Up-Sarpanch of Village Somani to the S.P. making certain allegation of demanding money. Thereafter, a preliminary enquiry was conducted by the C.S.P. Rajnandgaon and the report was submitted to respondent No.4 who passed an order on 18.08.2008 (Annexure P/4) whereby the petitioner and one constable namely Rajesh Sahu were punished by stoppage of one salary increment for the period of one year with non-cumu
The dismissal from service must be proportionate to the alleged misconduct and should not violate constitutional provisions such as double jeopardy. The imposition of punishment should adhere to the ....
Punishment of dismissal of service should be awarded for gravest act of misconduct.
The High Court does not act as an appellate authority in disciplinary matters and will not interfere with the quantum of punishment unless it is shocking to the conscience.
A disciplinary authority must provide an opportunity for hearing when it disagrees with an enquiry officer's findings, and any punishment not prescribed by statutory rules is without jurisdiction.
The court emphasized the importance of timely filing of appeals and writ petitions, the inability of successive representations to condone delay, and the limited scope of judicial review in disciplin....
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