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MANISH CHOUDHURY
Bahadur Singh, S/o. Late Munshi Ram – Appellant
Versus
Union of India, represented by the Joint Secretary Border Roads – Respondent
JUDGMENT :
The instant writ petition has been preferred by the petitioner invoking the extraordinary jurisdiction under Article 226 of the Constitution of India for making a challenge to a Convening Order dated 29.06.2021.
2. The case projected by the petitioner in the writ petition, in brief, is that he joined the Border Roads Organization [BRO] on 02.01.1988. The BRO was raised on 18.04.1960 for expanding border communications in the North East Zone and consequently, various projects had been raised under the command and control of the Director General, BRO. A project named ‘Project Dantak’ was raised during the year 1961 for construction of road networks in Bhutan and the personnel posted in Bhutan under Project Dantak are entitled to Bhutan Compensatory Allowances [BCA]. A three-stage process of selection for posting the personnel to BCA areas has been put in place and the personnel who fulfills the eligibility criteria set forth therein and qualifies in the three stages of selection process, is posted in BCA areas. It is the case of the petitioner that he qualified as per the selection methodology for posting in BCA areas on 09.11.2019 and accordingly, he was posted in BCA areas
Army Rules, 1954 reads as Procedure when character of a person subject to the Act is involved.
The court upheld the legality of the General Force Court proceedings, affirming that the respondent was afforded due process and opportunities for defense.
Point of Law : Court regarding the allegation being of overstay in leave, the impugned order of dismissal is held to be unsustainable in law.
The main legal point established in the judgment is the mandatory nature of the procedure for conducting an enquiry and the importance of following the principles of natural justice in disciplinary p....
Proportionality of punishment and adherence to prescribed procedures in disciplinary proceedings.
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