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ASHA MENON, MANMOHAN
Sobendra Bhadana – Appellant
Versus
Union Of India And Ors – Respondent
JUDGMENT
Manmohan, J. - Present writ petition has been filed challenging orders dated 07/08/2019 (conviction order), 2nd January, 2020 (order of appellate authority) and 14th May, 2020 (order in revision) as well as the Summary Force Court [SFC] proceedings. Petitioner also prays for a direction to the respondents to reinstate the petitioner in service from the date of his removal and grant him all the consequential benefits.
2. Briefly stated, the facts of the present case are that the petitioner, who was a Constable (GD) in Sashastra Seema Bal [SSB], while performing his duties in Panchayat election-2018 at Udhampur (J&K) in the intervening date of 20.l1.2018 and 21.11.2018 at about 2315 to 0100 hrs misbehaved with the civilians at the counting place as well as his senior officers and used threatening language with the superior officer i.e. SI/GD Shailesh Kumar, when the superior officer tried to interfere in the aforesaid matter. It was also alleged that the petitioner had pushed and assaulted another senior officer ASI(GD) Subhash Chand Pathania which had resulted in the said senior officer falling into an abyss. Accordingly, the petitioner was charged under Sections 22 (a), 22(b
The court emphasized the importance of maintaining discipline in a disciplined force and upheld the conviction and removal from service based on overwhelming evidence of misconduct.
Judicial review of disciplinary actions is limited; removal from service upheld due to substantial evidence of misconduct involving assault on a senior officer, with the court emphasizing adherence t....
The court quashed the enhanced penalty of removal from service, holding that the charges of misconduct were not proved, emphasizing reliability issues in witness testimonies.
The judgment emphasizes the importance of adherence to relevant statutory provisions and principles of natural justice in proceedings related to sexual misconduct allegations.
Summary Security Force Court proceedings must be conducted with due process, but admissions of guilt by the petitioners validated their dismissals despite procedural irregularities.
The main legal point established in the judgment is the requirement of compliance with principles of natural justice in adjudication proceedings, especially in cases involving dismissal from service ....
Judicial review under Article 226 extends to the examination of the decision-making process in disciplinary proceedings, ensuring the findings are rational and supported by credible evidence.
The duty of a CISF member to maintain discipline and care for arms and ammunitions, and the proportionality of the imposed penalty.
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