AJAY MOHAN GOEL
Ravinder Kumar – Appellant
Versus
State of H. P. – Respondent
JUDGMENT :
Ajay Mohan Goel, J.
CMP No.3493 of 2024
For the reasons stated therein, present application seeking early hearing of the petition is allowed and disposed of.
CWP No.3551 of 2022
With the consent of the parties the case was taken up for consideration today itself.
2. Brief facts necessary for the adjudication of the present petition are that pursuant to a disciplinary inquiry having been initiated against the petitioner vide order dated 29.11.2018 (Annexure P5), the punishment of dismissal from service was inflicted upon the petitioner by the Disciplinary Authority. Feeling aggrieved the petitioner preferred an appeal. This appeal was decided by the Appellate Authority in terms of order dated 23.08.2021 and while allowing the appeal of the petitioner partly, the Appellate Authority modified the order of dismissal from service to forfeiture of two years service on permanent basis. Relevant portion of the order passed by the Appellate Authority is reproduced hereinbelow:
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 imposition of dismissal as punishment for police officers is not absolute; discretion based on individual case circumstances and nature of the offence must be exercised, as upheld by Supreme Cour....
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....
The revisional authority must provide an opportunity for representation if proposing to enhance the penalty imposed by the order sought to be revised, as per Rule 29(1) of the Central Civil Services ....
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