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KARDAK ETE
Bijit Baruah, S/O Bijay Baruah – Appellant
Versus
Union Of India Rep. By The Secy. Ministry Of Home, New Delhi – Respondent
JUDGMENT :
Kardak Ete, J.
Heard Mr. Y.S. Mannan, learned counsel for the petitioner. Also heard Mr. M.R. Adhikari, learned CGC for all the respondents.
2. The challenge made in this writ petition is to the impugned order dated 18.08.2015, passed by the Commandant, Group Centre, CRPF, Agartala, Tripura, whereby the petitioner has been imposed with the penalty of removal from service and the order dated 11.12.2015 passed by the Appellate authority, i.e. DIGP, GC CRPF, Agartala, upholding the penalty imposed as well as order dated 11.03.2016 passed by the Inspector General of Police, Tripura Sector Headquarters (CRPF), Agartala, Tripura, by which the revision petition of the petitioner has been rejected.
3. The brief facts of the case are that the petitioner was appointed as peon in the Central Reserve Police Force (in short ‘the CRPF’) vide letter dated 12.05.2005, in the office of the Inspector General of Police (Operations), NES, CRPF Jorhat, Assam. Accordingly, the petitioner joined his service. The petitioner was transferred and posted at the Group Centre, CRPF, Salbagan in Agartala, Tripura in the year 2013 and continue to serve at the said place of posting at Agartala. While the pe
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.
The Commandant has the discretion to impose dismissal or removal from service for misconduct under Section 11(1) of the CRPF Act.
Proportionality of punishment and adherence to prescribed procedures in disciplinary proceedings.
The court upheld the removal of a constable for repeated indiscipline, affirming the adherence to procedural safeguards in disciplinary proceedings.
The central legal point established in the judgment is the necessity of correctly framing charges and appointing a Presenting Officer for disciplinary proceedings to ensure compliance with the princi....
The court emphasized the importance of following the prescribed disciplinary procedures and upheld the principle of proportionality in imposing penalties for misconduct.
Disciplinary proceedings must adhere to principles of natural justice, and penalties require clear justification; absence without leave does not equate to desertion without intent to abandon service.
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