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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
ROBIN PHUKAN
Parag Jyoti Nath S/o Shri Rajani Kanta Nath – Appellant
Versus
Union of India, Rep. by the Home Secretary, New Delhi – Respondent
| Table of Content |
|---|
| 1. dismissal for intoxication during duty must follow fair inquiry. (Para 3 , 4) |
| 2. arguments presented challenging the disciplinary findings. (Para 5 , 6) |
| 3. judiciary emphasizes adherence to fair procedures in administrative penalties. (Para 7 , 14 , 21) |
| 4. outcome highlights the need for proportionality in disciplinary actions. (Para 23 , 24) |
JUDGMENT :
ROBIN PHUKAN, J.
1. Heard Mr. R.P. Sarma, learned Senior counsel assisted by Mr. P.N. Sarma, learned counsel for the petitioner and Mr. K.K. Parasar, learned Central Government Counsel (CGC hereinafter) for the respondents.
2. In this petition, under Article 226 of the Constitution of India, the petitioner has challenged the order, No. P-VIII-5/2018-87-EC-2, dated 31.07.2018, issued by the respondent No. 4, by which the petitioner was dismissed from his service with immediate effect.
Background facts:-
3. The backgrounds facts, leading to filing of this petition, are adumbrated herein below:-
“The petitioner was serving as a Constable/GD of Central Reserve Police Force (CRPF hereinafter) in the 87th Battalion, Unchathal, Jiribam, Manipur. He joined the service on 25.01.2006, and discharged his duties with utmost sincerity a
Disciplinary authorities must adhere to fair procedures under Article 14, ensuring just treatment in service dismissal cases.
The High Court does not act as an appellate authority in disciplinary matters and will not interfere with the quantum of punishment unless it is shocking to the conscience.
The punishment of dismissal was disproportionate to the offence of unauthorized absence from duty.
The court's decision highlighted the discretionary nature of issuing a writ under Article 226 of the Constitution of India and emphasized the limited scope for interference in disciplinary matters, u....
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