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SANDEEP MEHTA, KARDAK ETE
Union Of India Represented By The Secretary To The Govt. Of India, Home Department, New Delhi – Appellant
Versus
Mukul Das. F Constable No. 041705426 C. T (G. D) – Respondent
JUDGMENT :
Kardak Ete, J
Heard Mr. A.K. Dutta, learned CGC representing the appellants. Also heard Mr. K.N. Choudhury, learned Senior Counsel assisted by Mr. N. Gautam, learned counsel for the sole respondent/writ petitioner.
2. This intra court writ appeal is directed against the judgment and order dated 20.06.2022 passed by the learned Single Judge in WP(C) No. 5843/2010, whereby the learned Single Judge has allowed the writ petition of the respondent/writ petitioner by setting aside the order of dismissal from service dated 15.01.2010 and the appellate order dated 27.08.2010 and remanded the matter back to the Disciplinary Authority with a liberty to proceed against the respondent/writ petitioner by following the due procedure of law.
3. The respondent/writ petitioner was appointed as constable in the 39Bn. Central Reserve Police Force (in short CRPF) pursuant to the selection process held in the year 2004. He has served in different places of posting and his last place of posting was at Faizabad in the State of Uttar Pradesh and thereafter he moved to Narayanpur in the State of Chattisgarh on office of 39Bn. CRPF being shifted to Narayanpur, Chattisgarh. While serving at Narayanpur
The central legal principle established is that disciplinary proceedings must adhere to the principles of natural justice, including the right of the accused to access all relevant documents to ensur....
The court's decision highlighted the discretionary nature of issuing a writ under Article 226 of the Constitution of India and emphasized the limited scope for interference in disciplinary matters, u....
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 reaffirmed that judicial review in disciplinary matters is limited to procedural compliance and evidence sufficiency, not re-evaluating factual findings.
The court emphasized the importance of following the prescribed disciplinary procedures and upheld the principle of proportionality in imposing penalties for misconduct.
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 discretion vests with the Disciplinary Authority to impose punishment commensurate with the nature of the offense proved, and the same cannot be interfered with by the Court.
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.
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