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SURESH KUMAR KAIT, POONAM A. BAMBA
Devendra Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT (Oral)
1. Vide the present petition, petitioner prays as under:
i) Issue a Writ of Certiorari or any other appropriate writ, order or direction thereby quashing and setting aside the impugned punishment order dated 05.07.2022 vide which petitioner has been compulsory retired from the service as well as order dated 07.02.2023 vide which appeal of the petitioner against the impugned punishment order dated 05.07.2022;
ii) Issue a Writ of Certiorari or any other appropriate writ, order or direction thereby quashing and setting aside the Charge Sheet dated 07.02.2023 as well as the Proceedings arising therefrom it;
iii) Issue a Writ of Mandamus or any other appropriate writ, order or direction thereby directing respondents to reinstate the petitioner forthwith with all consequential benefits or in alternative grant petitioner Invalid pension in terms of Rule 39 & 44 of CCS Pension Rule 2021 read with Rule 91 B of the Central Industrial Security Force Rules 2001 as well as disability pension;
iv) Or in alternative Issue a Writ of Mandamus or any other appropriate writ, order or direction thereby directing respondents to treat this Writ Petition as Review Petition under Section 9 of
The court has the discretion to dispose of a petition by allowing the petitioner to file a revision petition and directing the respondents to consider the mental condition of the petitioner and pass ....
The punishment of compulsory retirement was disproportionate to the gravity of the offense of having excess pocket money.
Limited scope of interference in departmental enquiries unless there is perversity writ large on the face of the proceedings or gross violation of principles of natural justice.
The judgment establishes that there is no provision for filing an appeal/application against the order of revision, and the petitioner can challenge the final order by way of revision before the conc....
The central legal point established in the judgment is the importance of discipline and hierarchical structure in uniformed services, particularly in cases involving assault on a senior officer.
The main legal point established is that an employee is entitled to pension and post-retiral benefits as per the initial order of compulsory retirement, and subsequent amendments denying such benefit....
Disciplinary authority's decision upheld due to adherence to procedural fairness and proportionality of punishment to misconduct.
Termination upheld as lawful due to prolonged unauthorized absence and failure to substantiate claims of illness, despite claims of procedural violations.
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