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KAUSHIK GOSWAMI
Bahar Ahmed Laskar, S/O- Late Zain Uddin Laskar – Appellant
Versus
State Of Assam Represented By The Principal Secretary To The Govt. Of Assam, Home And Political Department – Respondent
JUDGMENT :
Kaushik Goswami, J.
1. Heard Mr. M. K. Borah, learned counsel appearing for the writ petitioners in WP(C) Nos.6228/2023 and 6229/2023 and Mr. A.H.M.R. Choudhury, learned counsel appearing for the writ petitioner in WP(C) No.6185/2023. Also heard Mr. J. K. Goswami, learned Additional Senior Government Advocate, Assam appearing for the State respondents.
2. By way of these writ petitions under Article 226 of the Constitution of India, the petitioners are challenging the orders dated 07.07.2023 and 27.09.2023 whereby the petitioners were dismissed from service. The facts of the case is that pursuant to a valid recruitment process the petitioners were appointed in the Armed Branch of the Assam Police and thereafter, the petitioners were working as Head Constable under the respondents. It is the specific case of the petitioners that while they were posted as Head Constable in Jirighat Police Station in the district of Cachar, Assam and were allotted the “Naka Duty” on 21.04.2023 at Jirighat Naka Post, the petitioners had taken a little break from their duties, when the incident happened for which an enquiry was constituted and after conclusion of the same they were dismissed fro
The doctrine of proportionality in administrative law allows judicial review of disciplinary actions, ensuring that penalties are not grossly disproportionate to the misconduct.
The court emphasized the necessity of adhering to principles of natural justice in disciplinary inquiries, asserting that findings must be supported by adequate evidence and fair procedures.
The main legal point established in the given judgment is the limited scope of judicial review in disciplinary inquiries and the principles of proportionality and the Wednesbury rule.
The main legal point established in the judgment is the limited scope of interference in disciplinary proceedings, emphasizing the need for evidence-based findings and the principles of proportionali....
Judicial review of disciplinary actions is limited; courts do not interfere unless findings are perverse or punishment is shockingly disproportionate.
The court upheld the removal of a police constable for intoxication during duty, emphasizing the importance of discipline in law enforcement and the limited scope of judicial review in disciplinary m....
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