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ASHOK KUMAR GAUR
Anand Lal Sen, S/o. Shri Anandan – Appellant
Versus
Union of India through Secretary, Ministry of Home Affaris, New Delhi – Respondent
ORDER :
1. The instant writ petition has been filed by the petitioner with the following prayers:-
2. By an appropriate writ, order or direction, the order dated 19.12.2012 may kindly be declared illegal and it may kindly be quashed and set aside.
3. By an appropriate writ, order or direction, the adverse entry communicated by communicated dated 27.02.2012 may kindly be quashed and set aside.
4. The respondent may kindly be directed to consider the case of the petitioner for promotion and grant him promotion to the post of Assistant Commandant from the date his immediate junior i.e. respondent No.5 Prem Chand has been promoted to the post of Assistant Commandant with all consequential benefits.
5. In alternative without prejudice to above, by an appropriate writ, order or direction, the respondents be directed to decide the representation filed by the petitioner on 23.01.2013 against the adverse entry for the period between 01.04.2011 to 15.11.2011 communicated to the petitioner vide communication dated 19.12.2012 ignoring the sa
The court emphasized the importance of considering the petitioner's absence period and performance in the APAR, and directed the authorities to comply with the instructions and decide on the pending ....
Disciplinary action must consider proportionality of punishment in light of circumstances, including health issues, and proper procedure must be followed to ensure fair treatment.
Non-communication of adverse performance assessment entries denies fundamental right to a fair opportunity in promotion, violating principles of natural justice.
Dismissal should only be imposed for willful and intentional absence, and the punishment should be proportionate to the gravity of the misconduct.
The court held that disciplinary actions affecting an employee's career must adhere to the principles of natural justice, including the right to be heard prior to adverse decisions.
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