Back
DELHI HIGH COURT
MANMOHAN, NAVIN CHAWLA
Chandan Kumar Sharma – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. restoration of petition due to counsel's illness (Para 1 , 2) |
| 2. challenge to dismissal order and charges against petitioner (Para 7 , 8 , 9 , 10) |
| 3. court's assessment of petitioner's guilt and past conduct (Para 11 , 12) |
| 4. punishment deemed appropriate and justified by court (Para 14) |
| 5. final dismissal of writ petition (Para 15) |
JUDGMENT
Manmohan, J. (Oral):
The petition has been heard by way of video conferencing
C.M.No. 9746/2022
1. Present application has been filed seeking restoration of W.P.(C)1061/2022, which had been dismissed in default and on account of non-prosecution.
2. Learned counsel for the Applicant/Petitioner states that the counsel for the Petitioner was unwell and thus could not appear on the last date of hearing i.e. on 17th January, 2022. He states that non-appearance on the part of learned counsel for the Petitioner was neither intentional nor deliberate.
3. Issue notice. Mr.Dilbag Singh, Advocate accepts notice on behalf of the respondent.
4. Keeping in view of the averments in the application, the same is allowed and the matter is restored to its original status.
5. Accordingly, the application stands disposed of. W.P.(C) No.1061/
The court upheld the dismissal of the petitioner from service, finding the punishment proportionate to the gravity of his repeated misconduct and not warranting judicial intervention.
The court's decision was influenced by the principle that the punishment awarded should be commensurate with the gravity of the offences, and the court should not interfere in writ jurisdiction if th....
Dismissal from service without trial is permissible under the BSF Act when due process is deemed followed, and claims for medical reasons must be substantiated with contemporaneous records.
The main legal point established in the judgment is the importance of discipline in the Border Security Force, the adherence to the BSF Act and Rules in dismissal proceedings, and the limited scope f....
Disciplinary proceedings must prioritize conduct and efficiency; failure to engage in due process can lead to disciplinary action despite claims of injustice.
Disciplinary actions against force members require evidence compliance, and re-appraisal of evidence is not permissible in writ jurisdiction; prior conduct can justify stringent penalties.
Dismissal from service upheld due to prolonged unauthorized absence and insufficient justification for the leave; reinstatement denied as the petitioner failed to comply with mandatory communication ....
Judicial review of disciplinary actions is limited; removal from service upheld due to substantial evidence of misconduct involving assault on a senior officer, with the court emphasizing adherence t....
A third writ petition on the same cause of action is barred under public policy when earlier petitions were withdrawn without permission, reflecting principles of judicial efficiency and discouraging....
The court emphasized the importance of maintaining discipline in a disciplined force and upheld the conviction and removal from service based on overwhelming evidence of misconduct.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
