V. KAMESWAR RAO, SAURABH BANERJEE
Sumit Kumar – Appellant
Versus
Union of India Through Its Secretary – Respondent
JUDGMENT
Saurabh Banerjee, J.
1. Facts disclose that the petitioner herein, now an ex-Constable (General Duty) in the respondent no.2, Central Industrial Security Force [Hereinafter referred to as `CISF'], after appointment as a Constable in the year 2012 was first posted in CISF Unit UCIL Jaduguda in December, 2017 and then posted at the CISF Unit HWP, Manuguru in January, 2018 where, on 18.01.2018, he received a Memorandum of Charge, stating that an enquiry under Rule 36 of the CISF Rules, 2001 is proposed to be initiated against the petitioner on the following charges, namely:
"(i) Charge I-; Force No. 120717743 Constable/GO Sumit Kumar, H.W.P Manuguru, called the commandant UCIL Jaduguda to his mobile in connection with the leave while being posted in the previous unit UCIL Jaduguda on 05.12.2017 upon which the commandant ordered him to come to the office on 06.12.2017 with all the documents. On 06.12.2017, the force member did not appear in the grievance room before the Commandant and refused to come and the force member tried to pressure the unit administration by submitting a conditional resignation from the service. The above act of force no. 120717743 Constable/ GO Sumit Kuma
Bhagat Ram v. State of Himachal Pradesh (1983) 2 SCC 442
Ranjit Singh v. Union of India (1987) 4 SCC 611
The Court upheld the penalty of removal from service based on the petitioner's admission of charges, failure to submit written explanations, and the consideration of the petitioner's previous conduct....
Writ petitions against charge-sheets are generally not maintainable if no disciplinary proceedings have commenced, as parties must first exhaust available remedies.
The gravity of charges and the authority's power to modify penalties under Rule 54 of the CISF Rules were central to the judgment.
The main legal point established in the judgment is that a writ petition may be premature and not maintainable if the petitioner fails to exhaust the proper remedy available under the law before appr....
The court emphasized the importance of adhering to procedural fairness in conducting inquiries and highlighted that the proportionality of punishment should be considered in light of the seriousness ....
Dismissal without inquiry violates natural justice and requires satisfactory justification under CISF Rules and Article 311 of the Constitution.
Disciplinary proceedings must comply with natural justice principles, including the right to a fair hearing and the opportunity to engage a defense representative, to ensure proportionality in punish....
The judgment emphasized the importance of complying with the rules of natural justice, evidence-based findings of misconduct, and the proportionality of punishment in disciplinary proceedings.
The court upheld the removal of a constable for repeated indiscipline, affirming the adherence to procedural safeguards in disciplinary proceedings.
The main legal point established in the judgment is that the respondents followed the provisions of the CRPF Act and Rules in conducting the inquiry and imposing the punishment on the petitioner.
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