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V. KAMESWAR RAO, SAURABH BANERJEE
Shashank Jain – Appellant
Versus
Union of India – Respondent
JUDGMENT
Saurabh Banerjee, J. - The petitioner, by way of the present petition under Article 226 of The Constitution of India, seeks quashing of the impugned Penalty order dated 09.12.2020 vide which respondents imposed the penalty of `Removal from service which shall not be a disqualification for the future employment under the Government' upon him, as well as quashing of the orders dated 30.03.2021 and 20.12.2021 vide which his Appeal Petition and the Review Petition (respectively) against the impugned penalty order dated 09.12.2020 were rejected, by taking a compassionate view and in interest of justice; and quashing of the charge sheet dated 05.08.2020 as well as the proceedings arising therefrom; and directions to the Respondents to reinstate him with immediate effect with all consequential benefits; and lastly to direct the Respondents to treat the period spent by petitioner under suspension w.e.f. 14.05.2020 till 09.12.2020 as spent on duty.
2. The petitioner herein was appointed on the post of Sub-Inspector [SI] in the Central Industrial Security Force [CISF] on 13.09.2014 and was lastly posted at Ukai, Gujarat. On 12.05.2020, the petitioner was posted as the `Shift In-Charge
The punishment imposed must be commensurate with the conduct and charges leveled against the petitioner.
The court overturned the removal of service, finding the penalty imposed was shockingly disproportionate to the misconduct, violating the principles of natural justice and the proportionality standar....
The High Court will not interfere with the findings of fact arrived at in departmental enquiry proceedings except in a case of mala fides or perversity. The quantum of punishment in disciplinary matt....
The court upheld the removal of a constable for repeated indiscipline, affirming the adherence to procedural safeguards in disciplinary proceedings.
The punishment imposed must be proportionate to the gravity of the misconduct, and the principles of natural justice and statutory regulations prescribing the mode of enquiry must be followed.
The court upheld the punishment of dismissal from service, finding it to be proportionate to the offense committed and in compliance with the due process of law.
The main legal point established in the judgment is the principle of proportionality in imposing disciplinary action, the requirement for clear and specific charges in a domestic inquiry, and the sco....
The gravity of charges and the authority's power to modify penalties under Rule 54 of the CISF Rules were central to the judgment.
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