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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Justice Anoop Kumar Dhand, J
Satya Narayan Gurjar S/o Shri Dhula Ram Gurjar – Appellant
Versus
Union Of India Through The Secretary Home Ministry Crpf New Delh – Respondent
Order :
Discipline is the hallmark of the disciplined forces and its member is not expected to violate the discipline by sending incorrect information with regard to his death, more particularly when the delinquent officer is alive and remains unauthorizedly absent from duty.
1. The instant petition has been preferred with the following prayer:
"It is, therefore, most humbly prayed that this writ petition may kindly be accepted and allowed and order dt-28-8-2000 Annexure-5 awarding the punishment of dismissal from his service upon the petitioner and the order dt- 27-12-2000 Annexure-7 rejecting the appeal of the petitioner against his order of dismissal, be quashed and set-aside with all consequential benefits.
Any other relief which this Hon'ble High Court deems just and proper in the facts and circumstances of the case be passed in favour of the petitioner."
2. By way of filing this petition, a challenge has been led to the impugned order dated 28.08.2000 passed by the respondents by which the petitioner has been dismissed from service. The appeal preferred against the aforesaid order has also been rejected by the Appellate Authority vide impugned order dated 27.12.2000.
3. Learned cou
The court upheld the dismissal of a disciplined force member for unauthorized absence and providing false information, emphasizing the importance of discipline and the limited scope of judicial revie....
The principle of proportionality mandates that disciplinary punishment must be commensurate with the gravity of the misconduct, and dismissal for minor infractions may be deemed excessive.
Disciplinary dismissal for serious unauthorized absence upheld as proper under CRPF Act, affirming authority in service conduct over mere appeal of punishment severity.
Sub-Section (2) of Section 145 of 'the Act' speaks about withdrawal from duty in contravention of Section 29 of 'the Act'. Section 29 of 'the Act' provides that no Police Officer shall withdraw himse....
A disciplinary authority is empowered to impose dismissal under Section 11 of the Central Reserve Police Force Act, 1949, and past conduct can be considered in determining the penalty for indisciplin....
Disciplinary punishment must be proportionate to the offense, and dismissal for unauthorized absence is excessive compared to lesser disciplinary actions.
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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