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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
VIJAY BISHNOI, N. UNNI KRISHNAN NAIR
Kumar Chetri S/o Sri Joganath Chetri – Appellant
Versus
Union of India – Respondent
JUDGMENT :
N. Unni Krishnan Nair, J.
Heard Mr. Bimal Chetri, learned counsel, assisted Ms. Doli Bora, learned counsel, appearing on behalf of the appellant. Also heard Mr. U. K.Goswami, learned CGC, appearing on behalf of all the respondents.
2. The appellant, herein, by way of instituting the present intra-Court appeal, has presented a challenge to a judgment & order, dated 21.11.2024, passed by the learned Single Judge in WP(c)3747/2011.
3. The brief facts requisite for adjudication of the issue arising in the present proceeding, is noticed as under:
The appellant, herein, while serving as a Constable in the Central Industrial Security Force Unit, Bharat Heavy Electricals Limited, Haridwar, was issued with a memorandum of charge, dated 01.11.2016, levelling 2(two) charges against him.
The article of charge No. 1 so levelled against the appellant, herein, pertains to his unauthorized absence from duty w.e.f. 05.07.2016.
The article of charge No. 2 as framed against the appellant, herein, alleges that the appellant who was awarded 6(six) minor punishments under Rule 37 of the Central Industrial Security Force Rules , 2
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....
The court upheld the removal of a constable for repeated indiscipline, affirming the adherence to procedural safeguards in disciplinary proceedings.
The Court emphasized that while past conduct can influence punishment, it cannot serve as the sole basis for dismissal without it being specifically charged and substantiated.
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