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MANMOHAN, NAVIN CHAWLA
Ex (con) Chandan Kumar Sharma – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Manmohan, J. - C.M.No. 9746/2022
1. Present application has been filed seeking restoration of W.P.(C)1061/2022, which had been dismissed in default and on account of non-prosecution.
2. Learned counsel for the applicant/Petitioner states that the counsel for the Petitioner was unwell and thus could not appear on the last date of hearing i.e. on 17th January, 2022. He states that non-appearance on the part of learned counsel for the Petitioner was neither intentional nor deliberate.
3. Issue notice. Mr.Dilbag Singh, advocate accepts notice on behalf of the respondent.
4. Keeping in view of the averments in the application, the same is allowed and the matter is restored to its original status.
5. accordingly, the application stands disposed of.
W.P.(C) No.1061/2020
6. With the consent of learned counsel for the parties, present petition is taken up for hearing.
7. It is pertinent to mention that the present writ petition has been filed challenging the order dated 27th September 2017 passed by DG BSF, whereby the Petitioner's dismissal order dated 04th March 2017 has been confirmed and the Petitioner has been dismissed from service. Petitioner also seeks re-instatement with all con
The court's decision was influenced by the principle that the punishment awarded should be commensurate with the gravity of the offences, and the court should not interfere in writ jurisdiction if th....
The court upheld the dismissal of the petitioner from service, finding the punishment proportionate to the gravity of his repeated misconduct and not warranting judicial intervention.
Dismissal from service without trial is permissible under the BSF Act when due process is deemed followed, and claims for medical reasons must be substantiated with contemporaneous records.
The main legal point established in the judgment is the importance of discipline in the Border Security Force, the adherence to the BSF Act and Rules in dismissal proceedings, and the limited scope f....
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.
Disciplinary proceedings must prioritize conduct and efficiency; failure to engage in due process can lead to disciplinary action despite claims of injustice.
Disciplinary actions within the Border Security Force must uphold strict standards of conduct, and procedural grievances not raised timely do not warrant overturning a dismissal.
Disciplinary authorities can impose removal from service for proven serious misconduct; past penalties may be considered, but each case must adhere to procedural standards without arbitrary penalties....
The court upheld the dismissal of the petitioner for unsuitability, affirming that the decision-making process was fair and aligned with established guidelines, despite the petitioner's claims of per....
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