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AJAY MOHAN GOEL
Harish Chandra Joshi – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Ajay Mohan Goel, J.
CWP No. 3801 of 2019
By way of this writ petition, the petitioner, inter-alia has prayed for the following reliefs:-
The respondents may kindly further be directed to treat the petitioner in service and pay all consequential benefit including arrear of salary to the petitioner w.e.f. 17.10.2008.
2. Brief facts necessary for the adjudication of this writ petition are that the petitioner, who was serving as Head Constable with the 17th Battalion of Indo Tibetan Border Police, was sent to the Transit Camp at Jeori on 27.04.2008, after lunch, with the platoon of C.M. of 17th battalion, selected for Karnataka Election Duty. The petitioner was found absent during the roll call before departure of platoon, which was a punishable offence. Another misconduct attributed to the petitioner was that on the morning of 18.05.2008, the petitioner was found wandering in drunken condition during State Election Duty (Active Duty) in Distr
The main legal point established in the judgment is the requirement for the Appellate Authority to provide a reasoned decision with due application of judicial mind when dismissing an appeal, ensurin....
Due process requires appellate decisions to include reasons, and failure to consider significant facts may warrant a remand for reevaluation.
Admission of guilt in disciplinary proceedings resulting in censure penalty, without exoneration, bars challenge to penalty and entitlement to retrospective promotion despite juniors' promotion durin....
The disciplinary authority that initiates proceedings must be the appointing authority; actions taken by a subordinate authority are illegal and violate principles of natural justice.
The court ruled that disciplinary authorities must consider proportionality in punishment, especially for minor offenses, as per applicable regulations.
The Revisional Authority cannot enhance the punishment imposed by the Appellate Authority against the revision petitioner, as per Rule 16.32 of the Punjab Police Rules.
The main legal point established in the judgment is that disciplinary orders must comply with the principles and provisions of the applicable rules and regulations, including the requirement for vali....
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