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SOUMITRA SAIKIA
Kaladhar Chaubey S/o Sharda Prasad Chaubey – Appellant
Versus
Union of India Rep. by the Home Secretary, New Delhi – Respondent
JUDGMENT :
SOUMITRA SAIKIA, J.
1. This writ petition is filed by the petitioner assailing the order of dismissal from service pursuant to a Disciplinary Enquiry instituted against him by the respondent authorities. The petitioner who originally hails from Varanasi in the State of UP, joined the CISF as a Constable and was posted in the ONGC Unit, Jorhat in the State of Assam with effect from 01.06.1994. While he was serving in the State Unit, an allegation was raised against him that the petitioner along with another constable namely Santosh Kumar Singh had assaulted/ manhandled and had pushed SI/EXO R.G. Karnan on 17.01.1996 at about 09.30 AM. An enquiry was ordered into by the respondent authority and thereafter, a memorandum of charge was issued to the petitioner on 30.04.1996. A separate disciplinary enquiry was also initiated against the other constable namely, Santosh Kumar Singh. The writ petitioner submitted his reply on 13.06.1996 denying the allegations as reflected in the memorandum of charges. Thereafter, an Enquiry Officer upon completion of the enquiry submitted its
Departmental enquiry proceeded against the petitioners in both the cases and the consequential order of dismissal from service pertained to the same incident and the same materials were relied upon b....
The punishment imposed must be commensurate with the conduct and charges leveled against the petitioner.
The disciplinary authority has the discretion to disagree with an inquiry officer's findings, provided it records reasons for its disagreement and adheres to principles of natural justice in the disc....
The main legal point established in the judgment is the importance of adhering to natural justice principles in disciplinary proceedings, including providing a fair opportunity for the accused to def....
The Court upheld the penalty of removal from service based on the petitioner's admission of charges, failure to submit written explanations, and the consideration of the petitioner's previous conduct....
The dismissal of employees without a regular departmental enquiry and based solely on a preliminary enquiry was held to be arbitrary and unsustainable.
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