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MANMOHAN, ASHA MENON
Manoj Kumar Sharma – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Manmohan, J. - The petition has been heard by way of video conferencing.
2. Present writ petition has been filed challenging the order of dismissal dated 28th February, 2013 as well as the order dated 26th November, 2013 insofar as it relates to the petitioner. Petitioner also prays for a direction to the respondents to reinstate him in service by restoring his seniority, and to grant him all consequential benefits as well as reconsider the petitioner's case sympathetically.
3. Learned counsel for the petitioner states that the punishment imposed upon the petitioner is too harsh and calls for interference by this Court. He states that the respondents are not considering the representations of the petitioner on account of the judgment of this Court in Surender Negi Vs. Union of India & Ors. in WP(C) 5683/2015, whereby this Court dismissed similarly placed constable's petition.
4. Having perused the paper book, this Court finds that the case of the petitioner is identical to the case decided by another Division Bench in Surender Negi Vs. Union of India & Ors. (supra). The relevant portion of the said judgment is reproduced hereinbelow:-
"4. This Court has considered the submissi
The court upheld the penalty imposed on the petitioner, considering the totality of the circumstances and the petitioner pleading guilty to the charge.
Acknowledgment of guilt in misconduct cases justifies dismissal and limits judicial interference in penalty decisions.
In exceptional disciplinary cases, courts may substitute dismissal with compulsory retirement if punishment shocks conscience, considering service length, age, health, misguided intent, and unconditi....
The court emphasized the importance of maintaining discipline in a force and upheld the penalty of dismissal from service based on the serious nature of the charges.
A third writ petition on the same cause of action is barred under public policy when earlier petitions were withdrawn without permission, reflecting principles of judicial efficiency and discouraging....
Service Law - Dismissal of Service - Justified - Charges for conviction more heinous in nature - Petitioner’s appeal is still pending before this Court - Grant of bail to the petitioner in such appea....
Disciplinary punishment must align with the severity of the misconduct, and excessive penalties can be subject to judicial review and modification.
The judgment establishes that employers must consider the nature of criminal charges and acquittals in employment termination cases, particularly emphasizing the discretion to overlook trivial offenc....
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