Back
KARDAK ETE
Shri Chandan Rai S/o Sri Biron Ch. Rai – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Heard Mr. H. Bezbaruah, learned counsel for the petitioner and also Mr. H. Gupta, learned CGC appearing on behalf of the respondents.
2. By filing this application under Article 226 of the Constitution of India the petitioner has challenged the impugned order dated 29.04.2010, passed by the Commandant 171 Battalion, CRPF (respondent No. 5) whereby the petitioner was dismissed from service and the order dated 16.05.2011 passed by the Deputy Inspector General of Police, CRPF (respondent No. 4) whereby the departmental appeal filed by the petitioner was rejected and prayed for a direction to the respondents to reinstate the petitioner in service in Central Reserve Police Force (in short CRPF) as Constable/General Duty with all consequential benefits.
3. The petitioner was recruited in Central Reserve Police Force as Constable/General Duty after having qualified in the recruitment process on 06.07.2004 and he was allotted Force No. 041713063. While the petitioner was serving and posted in 171 Battalion, CRPF, by order dated 25.07.2009 bearing No. P-VIII-13/2009-171-EC-2, the respondent No. 5 placed the petitioner under suspension in contemplation of a disciplinary proceeding.
4.
The absence of Presenting Officers in disciplinary proceedings violates natural justice, necessitating the setting aside of dismissal orders and reinstatement of affected personnel.
The central legal point established in the judgment is the necessity of correctly framing charges and appointing a Presenting Officer for disciplinary proceedings to ensure compliance with the princi....
The main legal point established in the judgment is that the evidence collected during an enquiry must be sufficient to support the conclusions drawn, especially in cases involving employment dispute....
Proportionality of punishment and adherence to prescribed procedures in disciplinary proceedings.
The non-appointment of a presenting officer in a departmental enquiry vitiates the enquiry and violates the principle of natural justice.
The court emphasized the importance of adhering to procedural fairness in conducting inquiries and highlighted that the proportionality of punishment should be considered in light of the seriousness ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
