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DELHI HIGH COURT
SURESH KUMAR KAIT, SAURABH BANERJEE
Kripa Shanker Shukla – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner’s leave application and absence history (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. respondent's decisions on leave and increments (Para 8 , 9 , 10) |
| 3. petitioner’s arguments against impugned orders (Para 11 , 12 , 13 , 14 , 15) |
| 4. respondent's defense regarding petitioner’s conduct (Para 16 , 17 , 18 , 19) |
| 5. court's observations on due process and natural justice (Para 20 , 21 , 22 , 23 , 24) |
| 6. principles of natural justice emphasized (Para 25 , 26 , 28 , 29) |
| 7. orders set aside; new procedures required (Para 30 , 31) |
| 8. disposal of writ petition and costs allocation (Para 32 , 33) |
JUDGMENT
Saurabh Banerjee, J. As per petitioner, since joining service with the Border Security Force (hereinafter referred as "BSF") in December, 1991 as Assistant Commandant, he moved up the rank to be promoted as Commandant in 2010. Petitioner then assumed charge as Superintendent of Police, Bureau of Police Research and Development, Ministry of Home Affairs (hereinafter referred to as "Bureau") on 01.08.2018. Between January, 2019 till September, 2019 petitioner sought leaves on as many as twelve different occasions from the DIG(Admn.), Bureau, due to his son's and his own me
The court held that disciplinary actions affecting an employee's career must adhere to the principles of natural justice, including the right to be heard prior to adverse decisions.
The respondents' issuance of impugned orders without following the principles of natural justice was a fundamental fault. The court emphasized the importance of serving a formal show cause notice, gr....
Dismissal of a Border Security Force Constable was declared void due to non-compliance with procedural safeguards under the BSF Act, violating constitutional rights to fair hearing and natural justic....
The petitioner failed to provide sufficient evidence to support his claims and did not give any valid reasons for his absence. The dismissal order was validly passed by the Commandant in accordance w....
The importance of providing an opportunity of hearing to the employee/petitioner before passing any adverse order, as mandated by the principles of natural justice.
Unauthorized absence from duty, failure to abide by leave application directions, and pre-planned leave without proper sanction constitute gross indiscipline, misconduct, and dereliction of duty unde....
Point of Law : Court regarding the allegation being of overstay in leave, the impugned order of dismissal is held to be unsustainable in law.
Dismissal without adherence to natural justice principles and statutory procedures is invalid, necessitating reinstatement of the employee.
The punishment imposed should meet the standards of fairness and be in strict compliance with principles of natural justice.
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