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2013 Supreme(Gau) 313

N.CHAUDHURY
Ajay Kumar Paswan – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared
For Appellant/Petitioner/Plaintiff: Mr. P.D. Nair & Mr. R. Sonar
For Respondents/Defendant: Mr. M. Pertin, C.G.C.

JUDGMENT

N. Chaudhury, J.

1. Whether failure of the Disciplinary Authority to appoint Presenting Officer irrespective of any prejudice to the delinquent employee who did not deny the charges by filing written statement or otherwise and rather had pleaded guilty, can vitiate the whole proceeding is the moot question to be answered in this writ petition. In this case, the writ petitioner who was a constable in the CRPF was dismissed from service, inter alia, on the basis of admitted charges of misconduct including a one involving moral turpitude bringing disrepute to the disciplined force which were also proved independently by the witnesses and an appeal preferred there against also failed. By this application under Article 226 of the Constitution of India, the petitioner has challenged the said order of dismissal dated 7.5.2011 passed by the respondent No. 4. The appellate order refusing to interfere with the order of dismissal dated 7.5.2011 has also been challenged hereby

2. The factual matrix on which this writ petition is founded is required to be narrated in short Petitioner, Ajay Kumar Paswan was a Constable in the CRPF. He was placed under suspension under Rule 10(a) of the CCS






























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