Back
RAJANI DUBEY
Om Prakash Rai, S/o Late Shukhdev Rai – Appellant
Versus
Union Of India, Through The Secretary, Ministry Of Home Affairs – Respondent
ORDER :
(Rajani Dubey, J.)
1. The petitioner has preferred this petition under Article 226 of the Constitution of India challenging the Order dated 01.05.2013 (Annexure P/2) whereby, the penalty of withholding of one annual increment for two years without cumulative effect was imposed against the petitioner & the appeal and revision preferred against the order dated 01.05.2013 were also dismissed vide order dated 21.06.2013 (Annexure P/3) and order dated 12.09.2013 (Annexure P/4), respectively.
2. Brief facts of the case, as projected by the petitioner, are that the petitioner was working on the post of Head Constable under the respondent No.2 and was posted at 3rd Reserved Battalion, C.I.S.F. Internal Security at Rajhara Mines Bhilai Dist, Durg. The allegation against the petitioner was that on 30.3.2013 in between 1.00 pm to 5.00 pm when he was on duty with arms and ammunition, at the relevant time, the camp In-charge while on inspection found the petitioner not vigilant on his work and found sitting on chair without any arms and ammunition and the were kept on table inside the room. This apart, on 30.03.2013 at evening, when the roll call parade was called, the petitioner was not
Disciplinary actions must adhere to principles of natural justice, including proper enquiry and opportunity to be heard, even for minor penalties.
Disciplinary Authorities must provide compelling reasons for diverging from an Inquiry Officer's findings and uphold principles of natural justice, ensuring fair opportunity for representation.
The absence of a Presenting Officer does not vitiate disciplinary proceedings if conducted fairly, and misconduct is defined as conduct inconsistent with the faithful discharge of duty.
The court upheld the disciplinary penalty on the petitioner for gross negligence while on duty, emphasizing the significance of maintaining strict discipline in security forces.
The dismissal of an employee without providing the enquiry report and failing to follow principles of natural justice is illegal and warrants reinstatement.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
