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N. UNNI KRISHNAN NAIR
Tayi Bodung – Appellant
Versus
State Of A. P. – Respondent
JUDGMENT :
N. Unni Krishnan Nair, J.
Heard Mr. Dicky Panging, learned counsel for the petitioner. Also heard Ms. Goter Ete, learned Addl. Senior Government Advocate appearing for the State respondents.
2. The petitioner, in the present proceedings, has presented a challenge to an order dated 14.08.2012, issued by the Commandant 2nd AAP Bn, BHQ, Aalo; imposing upon the petitioner, the penalty of withholding 02(two) years’ service increment with cumulative effect, on conclusion of a departmental proceeding so instituted against him.
3. A departmental proceeding was instituted against the petitioner along with three others personnel of 2ndBn D-Coy, Aalo, vide issuance of a Memorandum dated 22.03.2010. The petitioner and the other co-delinquents were so charged for negligence in guarding one UTP Jumdo Ete at District Hospital, Aalo. It was the specific allegation against the petitioner herein that he had slept during his sentry duty which had facilitated the UTP to escape from custody. The other three co-delinquents were also alleged to have not performed their duties in the manner required which had also facilitated escape of the said UTP. The written statement submitted by the petitioner
The penalty imposed for negligence in duty was upheld as proportionate and justified, emphasizing the importance of discipline in a disciplined force.
The court overturned the removal of service, finding the penalty imposed was shockingly disproportionate to the misconduct, violating the principles of natural justice and the proportionality standar....
The court established that departmental proceedings can result in disciplinary action even after a criminal acquittal, as the standards of proof and the nature of evidence required in such proceeding....
The court upheld the dismissal of a police officer for bribery, affirming that disciplinary actions must be proportionate to the misconduct established.
The main legal point established in the judgment is the principle of proportionality in imposing disciplinary action, the requirement for clear and specific charges in a domestic inquiry, and the sco....
Habitual absenteeism in a disciplined force justifies dismissal, and previous misconduct can be considered in determining penalties.
The principle of proportionality mandates that disciplinary punishment must be commensurate with the gravity of the misconduct, and dismissal for minor infractions may be deemed excessive.
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