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Pratap Chandra Nayak – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Arun Dev Choudhury, J.
Heard Mr. K.K. Mahanta, the learned Senior Counsel assisted by Ms. N. Begum, the learned counsel for the petitioner. Also heard Ms. A. Gayan, the learned Asstt. S.G.I., for the respondents representing Union of India and Mr. Rakesh Kumar, Assistant Commandant, (Legal), CRPF, who has rendered his valuable assistance.
1. By way of instant writ petition, the petitioner has raised a grievance that he has been denied promotion from the post of Head Constable/GD, though he was qualified in all aspects. His prayer in the writ petition is as follows:-
For a direction to the respondent authority to bring him on the Special Approved List AA/GD-06/2011 as per original seniority and to promote him as aforesaid with retrospective effect ahead of his juniors.
2. The case of the petitioner as projected as are under:-
(ii) On an appeal being preferred before the Departmental Appellate Committee, the said appellate authority modified the punishment by setting aside the punishment of dismissal from service and awarded punishment of stoppage of
The imposition of a penalty not prescribed under statutory rules is invalid, and cumulative penalties are not permissible under the Central Reserve Police Force Rules.
The punishment takes effect from the date of serving the order to the employee, and the currency of punishment may vary based on the nature of the punishment imposed.
Penalties imposed must align with statutory provisions; cumulative penalties not prescribed are invalid.
Promotion cannot be denied solely based on the number of past punishments without considering their nature and timing, ensuring equal treatment under Article 14.
The special law prevails over the general law, and the challenge to a notice and order of termination is not affected by the doctrine of merger.
The right to be considered for promotion is a fundamental right, and the order of punishment imposed against the petitioner did not comply with the requirements of G.O.Ms.No.342, dated 04.08.1997.
Service Law – Denial of promotion - while every employee has a right to have his case considered for promotion, which is a guarantee flowing from Articles 14 and 16 of the Constitution of India, an e....
Proportionality of punishment and adherence to prescribed procedures in disciplinary proceedings.
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