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DELHI HIGH COURT
MANMOHAN, NAVIN CHAWLA
Mahakar Singh (CT/GD) – Appellant
Versus
Union of India – Respondent
JUDGMENT
Manmohan, J. (Oral)--The petition has been heard by way of video conferencing.
2. Present writ petition has been filed by the petitioner challenging the dismissal order dated 21st July, 2021 and seeking his reinstatement in service. In the alternative, Petitioner also seeks directions to the Respondents to change the Petitioner's punishment to `discharge' instead of `dismissal' from service and/or allow the Petitioner to take voluntary retirement or grant compulsory retirement so that the Petitioner becomes eligible for pension and other retiral benefits along with compassionate allowance.
3. Learned counsel for the Petitioner states that the Petitioner was enrolled in CRPF on 11th April, 1991. He states that the Petitioner requested for grant of casual leave from 07th September, 2019 to 20th September, 2019 to undergo treatment for his deteriorating health condition. The petitioner was granted casual leave for the said period. However, as the Petitioner's health conditions did not improve, he requested for extension of leave. He points out that since the petitioner was critically ill, he had duly informed the unit authorities regarding his health condition and also fu
Failure to address an allegation as part of a strategy can impact the court's decision and lead to dismissal of the petition.
The main legal point established in the judgment is that the evidence collected during an enquiry must be sufficient to support the conclusions drawn, especially in cases involving employment dispute....
The court emphasized the importance of disciplinary procedure and upheld the dismissal based on the petitioner's conduct and lack of evidence supporting his medical condition.
The discretion vests with the Disciplinary Authority to impose punishment commensurate with the nature of the offense proved, and the same cannot be interfered with by the Court.
The Commandant has the discretion to impose dismissal or removal from service for misconduct under Section 11(1) of the CRPF Act.
The court's decision highlighted the discretionary nature of issuing a writ under Article 226 of the Constitution of India and emphasized the limited scope for interference in disciplinary matters, u....
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