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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Rajdeep Chowdhary – Appellant
Versus
Union of India – Respondent
JUDGMENT
Suresh Kumar Kait, J.
1. The present petition has been filed by the petitioner seeking quashing of Show Cause Notice dated 12.05.2016 and order dated 22.07.2016 issued by the respondents. In addition, a writ of mandamus directing the respondents to promote the petitioner from the post of Assistant Commandant to the post of Deputy Commandant w.e.f. 01.04.2014 with all consequential benefits, is also sought.
2. Petitioner claims to have been working as Assistant Company Commandant at 66th Battalion of BSF and was also administratively looking two other platoon posts. An FIR bearing No.306/2012, under Sections 8/221/29/25 of Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) was registered at Jaisalmer, Rajasthan on 08.08.2012 alleging that four civilians in Jaisalmer City were arrested with 8 kg heroin and Rs.4.35 lacs of Indian currency, was smuggled from Pakistan during intervening night of 04/05.08.2012.
3. A staff Court of Inquiry was ordered by Inspector General (IG) (Head Quarter), BSF, Jodhpur to investigate the circumstances in which the heroin crossed the said area. On 06.11.2012, the Presiding Officer completed the Inquiry and submitted his opinion t
The main legal point established in the judgment is that 'displeasure' is not a penalty enlisted in Rule 11 of the CCS (CCA) Rules, 1965, and cannot be used to deny promotion.
The court affirmed the principle that judicial review of administrative actions in disciplinary processes is limited to procedural correctness, not evidential review, and mandated reconsideration of ....
Contempt proceedings require clear evidence of willful disobedience; mere surmises are insufficient.
The principle of double jeopardy and the inadmissibility of severe reprimand as a basis for denying promotion were established in the judgment.
Departmental proceedings must adhere to principles of natural justice, and acquittal in criminal cases does not preclude disciplinary action but requires proper evidence examination.
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