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2024 Supreme(Gau) 1024

SANJAY KUMAR MEDHI
PRANJAL DAS S/O LATE UMA RAM DAS – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: B. Sinha.
For the Respondent: D.C. Borah.

JUDGMENT :

SANJAY KUMAR MEDHI, J.

1. The enhancement of the penalty in a disciplinary proceeding vide an order dated 15.01.2008 is the subject matter of challenge in this petition filed under Article 226 of the Constitution of India. The challenge is based on the grounds of lack of jurisdiction as well as violation of the principles of natural justice.

2. As per the facts projected, the petitioner was serving at the relevant point of time as a Constable G.D. in the Central Reserve Police Force (CRPF). While he was posted at the Khatkhati Range in the district of Karbi Anglong, a departmental proceeding was initiated against him. The same was based on an FIR lodged against him which was registered as Jorhat P.S. Case No. 167/2007 under sections 457/376/511 of the Indian Penal Code. It is however the case of the petitioner that the said FIR was lodged due to some misconception and the same was resolved by a statement of the alleged victim whereby the petitioner was absolved of the allegations. The aforesaid police case had culminated in submission of a Final Report which was accepted by the learned Court. However, the departmental proceeding was initiated against the petitioner which ha

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