DELHI HIGH COURT
SURESH KUMAR KAIT, SAURABH BANERJEE
Bhambhi Jagdish Bhai – Appellant
Versus
Union of India – Respondent
1. The present petition has been preferred by the petitioner seeking quashing of order dated 25.03.2021 passed by the respondents, whereby he has been dismissed from service and since the appeal preferred against thereof is still pending, a prayer is made to issue a writ of certiorari to reinstate him in service from the said date.
2. Notice issued.
3. Mr. Tanveer Ahmed Ansari, learned Senior Panel Counsel, appearing on behalf of respondents accepts notice and has placed before this Court a copy of Order bearing No.V-11014/CISF/SES/LC/Revision- 20(BJBHAI)/2021/9478 dated 11.08.2022 passed by Office of the Inspector General, Central Industrial Security Force, Ministry of Home Affairs, whereby petitioner' appeal has been decided.
4. The relevant paras of the aforesaid Order dated 11.08.2022 read as under:
"6. NOW THEREFORE, after going through the case files of the petitioner and taking into consideration the totality of the fact and circumstances of the case, medical documents including MRI report of this daughter who has been suffering from Hemiparesis, produced by the petitioner, length of service rendered by the petitioner, I found that the penalty imposed
The court upheld the authority's decision to modify dismissal to a reduction in pay based on mitigating circumstances, ensuring the penalty aligns with justice principles.
Natural justice mandates fair hearing in disciplinary proceedings, but inordinate delays can result in dismissal of petitions due to laches.
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 court has the discretion to dispose of a petition by allowing the petitioner to file a revision petition and directing the respondents to consider the mental condition of the petitioner and pass ....
The distinction between departmental and criminal proceedings, and the relevance of evidence and witnesses in determining the impact of acquittal in a criminal case on disciplinary proceedings.
Disciplinary proceedings must prioritize conduct and efficiency; failure to engage in due process can lead to disciplinary action despite claims of injustice.
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