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SOUMITRA SAIKIA
Gulshan Nand Kapoor, S/o. Late Nirmal Kumar Prasad – Appellant
Versus
Union of India, through the Secretary to the Govt. of India, Ministry of Home Affairs – Respondent
JUDGMENT :
This writ petition is directed against the disciplinary proceedings initiated against the petitioner, the appellate order passed against appellate order affirming the order passed by the Disciplinary Authority as well as the revisional order passed by the competent authority upholding the order passed by the disciplinary authority.
2. The brief facts are that the petitioner was employed as a constable under the Central Industrial Security Force (CISF) and was allotted Force Number 001360094. Petitioner was posted at the CISF unit at Indian Oil Limited, Duliajan, Post Office-Duliajan, District-Dibrugarh, Assam at the relevant point in time. During his posting at the same place, he was served with an order of suspension dated 20.09.2008 intimating that he was placed under suspension pending disciplinary proceedings. Pursuant to said order of suspension, a charge-sheet was issued to the petitioner bearing number V-15014/Mak-20/GNK/L&D/OIL(D)/2008-15528 dated 18.10.2008 by the Commandant, CISF, Oil India Limited, Duliajan framing as many as four articles of charges against him. The following articles of charges were framed against the petitioner:
CHARGE-I
Force No. 001360097 Ct.
The court emphasized the importance of maintaining discipline in an armed force and upheld the disciplinary authority's decision based on the evidence presented during the proceedings.
The High Court does not act as an appellate authority in disciplinary matters and will not interfere with the quantum of punishment unless it is shocking to the conscience.
The main legal point established in the judgment is that the court's role in disciplinary proceedings is limited to ensuring fair treatment and compliance with natural justice. The judgment also emph....
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 judgment emphasized the importance of complying with the rules of natural justice, evidence-based findings of misconduct, and the proportionality of punishment in disciplinary proceedings.
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