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VIJAY BISHNOI, SUMAN SHYAM
Union of India through the Secretary, New Delhi – Appellant
Versus
On the Death of Manoj Kr. Roy, His Legal Heirs Bhanumati Roy – Respondent
JUDGMENT :
VIJAY BISHNOI, C.J.
1. Heard Mrs. A. Gayan, learned Central Government Advocate appearing for the appellants. Also heard Mr. K.R. Patgiri, learned counsel appearing for all the respondents.
2. This writ appeal is filed by the appellants being aggrieved with the judgment & order dated 22.07.2014 passed by the learned Single Judge in WP (C) No. 5869/2011. By the impugned judgment, the learned Single Judge has allowed the writ petition filed on behalf of the private respondent and set aside the order dated 14.02.2008/15.02.2008 imposing the penalty of dismissal from service upon the private respondent and the order dated 24.06.2011 passed by the Deputy Inspector General of Police, Sector Headquarter, SSB, Tezpur dismissing the appeal preferred by the private respondent. The learned Single Judge has further directed the respondent authorities (appellants herein) to reinstate the writ petitioner (private respondent herein) forthwith to his post and thereafter to impose any penalty other than the penalty of dismissal, removal or termination from service. It is further directed that the entire exercise shall be carried out within a period of 2(two) months from the date of receipt
The court reaffirmed that disciplinary authorities' findings should not be interfered with unless proven to be perverse or unsupported by evidence.
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.
Proportionality of punishment and adherence to prescribed procedures in disciplinary proceedings.
Disciplinary actions for willful absence must be substantiated by evidence; failure to provide medical justification can uphold discharge under police service rules.
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....
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