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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANAND SHARMA
Kanwar Singh S/o Shri Harchand – Appellant
Versus
Union of India, through Secretary, Ministry of Home Affairs, New Delhi – Respondent
| Table of Content |
|---|
| 1. challenge to dismissal order (Para 1) |
| 2. arguments against dismissal and procedural flaws (Para 2 , 3 , 4 , 5 , 6) |
| 3. analysis of disciplinary authority's power (Para 8 , 9 , 10 , 11) |
| 4. judicial review limitations in disciplinary matters (Para 12) |
| 5. final decision to dismiss the petition (Para 13 , 14 , 15) |
JUDGMENT :
ANAND SHARMA, J.
1. Petitioner has filed the instant writ petition challenging legality and validity of order dated 04.12.2000 passed by the disciplinary authority for imposing penalty of dismissal from service along with other ancillary penalties. Petitioner has also assailed appellate order dated 27.05.2002 and order dated 01.09.2003 passed by the Revisional Authority. He has further prayed for directions against the respondents to reinstate the petitioner back in service by maintaining continuity along with all consequential benefits including back wages.
2. It is submitted by learned counsel for the petitioner that the petitioner was enrolled and appointed with Central Reserve Police Force on 10.06.1991 and has rendered his services in excellent manner. He was also issued recommendation letter dated 28.01.1997 acknowledging his commendable services. H
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 dismissal for serious unauthorized absence upheld as proper under CRPF Act, affirming authority in service conduct over mere appeal of punishment severity.
The Commandant has the discretion to impose dismissal or removal from service for misconduct under Section 11(1) of the CRPF Act.
Habitual absenteeism in a disciplined force justifies dismissal, and previous misconduct can be considered in determining penalties.
Habitual absenteeism in a disciplined force can justify the imposition of a major penalty like dismissal from service, and such penalty may not be considered disproportionate to the allegations.
The court upheld the punishment of dismissal from service, finding it to be proportionate to the offense committed and in compliance with the due process of law.
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