Back
ROBIN PHUKAN
Saroj Chettri, S/o Shri Som Tamang – Appellant
Versus
State of Arunachal Pradesh – Respondent
JUDGMENT :
Heard Mr. M. Kato, learned counsel for the petitioner. Also heard Ms. G. Ete, learned Additional Senior Government Advocate for the respondents.
2. In this petition, under Article 226 of the Constitution of India, the petitioner, namely, Saroj Chettri, has put to challenge the enquiry report dated 06.12.2007, submitted by the Enquiry Officer in the departmental enquiry against the petitioner and also the dismissal from service of the petitioner, vide Order No. PHQ/DP-01/2007, dated 16.04.2015; Order No. PHQ/DP-01/2007, dated 04.11.2015 and Order No. PHQ/DP-01/2007, dated 20.02.2020.
3. It is to be noted here that vide impugned enquiry report dated 06.12.2007, the Enquiry Officer found the petitioner guilty of the charges leveled against him in the departmental enquiry and thereafter, vide impugned order dated 16.04.2015, the petitioner was dismissed from service; vide impugned order dated 04.11.2015, the respondent authorities had dismissed the appeal filed by the petitioner and vide impugned order dated 20.02.2020, the appeal of the petitioner was dismissed.
4. The background facts, leading to filing of the present petition, are briefly stated as under:
The court upheld the dismissal of a police constable for misconduct, affirming that the disciplinary proceedings adhered to natural justice and the punishment was proportionate to the charges proved.
Dismissal without inquiry violates natural justice and requires satisfactory justification under CISF Rules and Article 311 of the Constitution.
The disciplinary authority is not bound to accept the inquiry officer's findings and must ensure adherence to procedural rules in conducting inquiries, even amid ongoing criminal proceedings.
The main legal point established in the judgment is that the respondents followed the provisions of the CRPF Act and Rules in conducting the inquiry and imposing the punishment on the petitioner.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
