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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
Headnote: Read headnote
| 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 :
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.
Background facts:-
“The petitioner was serving as a Constable/GD of Central Reserve Police Force (CRPF hereinafter)
Disciplinary authorities must adhere to fair procedures under Article 14, ensuring just treatment in service dismissal cases.
The dismissal from service must be proportionate to the alleged misconduct and should not violate constitutional provisions such as double jeopardy. The imposition of punishment should adhere to the ....
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 upheld the dismissal of the petitioner, emphasizing adherence to natural justice and the limited scope of judicial review in disciplinary proceedings.
The court emphasized the necessity of adhering to principles of natural justice in disciplinary inquiries, asserting that findings must be supported by adequate evidence and fair procedures.
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