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HIGH COURT OF CHHATTISGARH AT BILASPUR
Shri Ramesh Sinha, CJ, Shri Ravindra Kumar Agrawal, J
Ramsagar Sinha S/o Late Shiv Lal Sinha – Appellant
Versus
State of Chhattisgarh Through The Secretary, Department of Home And Police Mantralay – Respondent
Judgment :
(Ramesh Sinha, CJ.)
1. Heard Mr. Rajesh Kumar Kesharwani, learned counsel for the appellant. Also heard Mr. Sangharsh Pandey, learned Government Advocate, appearing for the State /respondents.
2. The appellant has filed this intra-Court appeal against the order dated 31.01.2025 passed by the learned Single Judge in Writ Petition (S) No. 4594 of 2018 (Ramsagar Sinha Vs. State of Chhattisgarh & Others) by which the learned Single Judge has dismissed the writ petition filed by the writ petitioner / appellant.
3. Brief facts necessary for disposal of the appeal are that the petitioner was posted at O/o Commandant, 2nd Battalion, Sakri, Bilaspur on the post of Constable. The article of charges was issued by the disciplinary authority on 31.08.2017 making allegations against the petitioner to the effect that on 24.07.2017, the petitioner refused to perform his duties and he flouted the orders issued by the superior authorities which reflects indiscipline and arbitrariness in his behavior. It was also submitted that the act of the petitioner was contrary to Sub-Rule (2)(4)(5) of the Police Regulation No. 64 and Sections 16 (छ)-1 and 17(ड.)(च) of the Chhattisgarh Armed Forces Act, 1
The court ruled that disciplinary authorities must consider proportionality in punishment, especially for minor offenses, as per applicable regulations.
The court emphasized the authority's power to enhance punishment within the specified time frame and the permissibility of disciplinary proceedings despite acquittal in a criminal case.
Judicial review of disciplinary decisions is limited; courts cannot reconsider the nature of punishment unless found shockingly disproportionate, emphasizing the importance of discipline in sensitive....
The High Court upheld the dismissal of a constable for unauthorized absence, ruling that appropriate procedures were followed, and punishment was not disproportionate to the violations committed.
The court upheld the disciplinary authority's decision on compulsory retirement, emphasizing limited judicial review regarding the appropriateness of punishment imposed, unless it is found to be shoc....
Punishment of dismissal of service should be awarded for gravest act of misconduct.
The main legal point established in the judgment is the principle of proportionality in imposing disciplinary action, the requirement for clear and specific charges in a domestic inquiry, and the sco....
The court emphasized the importance of reasonable caution and adherence to duty in justifying the penalty of compulsory retirement for negligence and reckless dereliction of duties.
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