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ARUN DEV CHOUDHURY
Saurav Roy S/o Late Ramcharam Roy – Appellant
Versus
Union of India – Respondent
JUDGMENT :
ARUN DEV CHOUDHURY, J.
1. Heard Mr. T. Deuri, learned counsel for the petitioner. Also heard Mr. P.S. Lahkar, learned CGC representing the Union of India.
2. The challenge:
The present writ petition is filed assailing the orders which are as indicated below:
(II) Enquiry report dated 23.11.2015.
(III) Order dated 05.05.2016 passed by the appellate authority rejecting the claim of the petitioner.
(IV) Order dated 03.08.2016 passed by the Revisional Authority.
3. The facts:
The brief facts leading to the present case can be summarized as follows:
(II) An enquiry was conducted whereby charge under Rule 36 of the CISF Regulations Act, 2001 was framed by a charge memorandum dated 14.08.2015 by the Senior Commandant/Enquiry Officer, CISF, KHSTPP, Koholgaon
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 punishment of dismissal was disproportionate to the offence of unauthorized absence from duty.
The punishment imposed must be proportionate to the gravity of the misconduct, and the principles of natural justice and statutory regulations prescribing the mode of enquiry must be followed.
Disciplinary proceedings must comply with natural justice principles, including the right to a fair hearing and the opportunity to engage a defense representative, to ensure proportionality in punish....
The court upheld the removal of a constable for repeated indiscipline, affirming the adherence to procedural safeguards in disciplinary proceedings.
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