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SOUMITRA SAIKIA
Ranjan Kumar Singha S/o Late Lakhi Kanta Singha – Appellant
Versus
Union of India – Respondent
JUDGMENT :
SOUMITRA SAIKIA, J.
1. Heard Mr. I.H. Laskar, learned counsel appearing for the petitioner. Also heard Mr. S.S. Roy, learned CGC appearing for the respondents.
2. The present writ petition is filed by the petitioner assailing the order dated 22.01.2020 passed by the disciplinary authority imposing the punishment of removal from service of the petitioner, as well as the order dated 12.06.2020 passed by the appellate authority affirming the order of removal from service. The petitioner has further prayed for reinstatement in service withholds back wages and other benefits.
3. The writ petitioner was appointed as Constable (GD) in the Central Reserved Police Force (CRPF) in the year 2006. He was allotted in the Central Reserved Police Force (CRPF) being Force No. 065093679. After completion of his Basic Training, the petitioner was transferred to 147th Battalion of the Central Reserved Police Force (CRPF) at Kashipur, Silchar, Assam. Thereafter, petitioner was posted to the 3rd Battalion Head Quarter at Srinagar, Jammu and Kashmir on transfer. While being posted at Srinagar, petitioner submitted an application on 11.03.2019 through proper channel for grant of leave for 15 (fift
The court emphasized that medical documents must establish the inability to discharge duties to justify absence from duty. It also highlighted the importance of conducting enquiry proceedings as per ....
The main legal point established is that absence from duty cannot be deemed wilful if due to compelling circumstances, and disciplinary proceedings must be based on cogent material.
The court upheld the disciplinary action against the petitioner for unauthorized absence, finding no procedural irregularities and confirming the penalty of removal from service as justified.
The court upheld the removal of a constable for repeated indiscipline, affirming the adherence to procedural safeguards in disciplinary proceedings.
The court emphasized the importance of following the prescribed disciplinary procedures and upheld the principle of proportionality in imposing penalties for misconduct.
Disciplinary actions must follow due process, and absence due to illness cannot be deemed willful misconduct without proper inquiry.
The Commandant has the discretion to impose dismissal or removal from service for misconduct under Section 11(1) of the CRPF Act.
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