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SUMAN SHYAM
Kumar Chetri S/o Sri Joganath Chetri – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
Heard Mr. B. Chetri, learned counsel appearing for the writ petitioner. Also heard Mr. U. K. Goswami, learned Central Government Counsel appearing for the respondents.
2. By filing this writ petition, the petitioner has assailed the order dated 31.07.2017, by means of which, he was removed from service as well as the subsequent order dated 25.03.2019 rejecting the appeal preferred by the petitioner, primarily on the ground that the impugned orders have been passed without following the due procedure laid down by law. The facts and circumstances of the case, briefly stated, are as follows.
3. The writ petitioner herein was recruited as a Constable in the Central Industrial Security Force (CISF) in the year 2009. While serving in the CISF Unit, BHEL, Haridwar at Barrier No.7 the writ petitioner remained unauthorisedly absent from duty during the period from 05.07.2016 to 23.11.2016 i.e. for a period of 4 months 19 days. As many as three call letters sent to his permanent address instructing the petitioner to report back to duty went unanswered. As such, a departmental proceeding was initiated against the petitioner under Rule 36 of the CISF Rules, 2001 by serving a charge she
The court upheld the removal of a constable for repeated indiscipline, affirming the adherence to procedural safeguards in disciplinary proceedings.
The court affirmed the validity of disciplinary proceedings and the imposition of removal from service for unauthorized absence, emphasizing adherence to procedural safeguards and the appellant's fai....
Proportionality of punishment and adherence to prescribed procedures in disciplinary proceedings.
The punishment of dismissal was disproportionate to the offence of unauthorized absence from duty.
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 court emphasized the importance of following the prescribed disciplinary procedures and upheld the principle of proportionality in imposing penalties for misconduct.
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