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SANJAY DHAR
Tirath Ram – Appellant
Versus
Union of India th. Secretary to Government, Home Department, Government of India, New Delhi – Respondent
JUDGMENT :
1. The petitioner has challenged enquiry report dated 30.12.2004, whereby he has been held guilty of the charges of misconduct in his capacity as a member of the Central Reserve Police Force (CRPF). Challenge has also been thrown to office order dated 16.02.2005 whereby on the basis of the impugned enquiry report, the petitioner has been dismissed from service w.e.f. 16.02.2005 and his period of absence from duty from 03.06.2004 to 11.06.2004 has been treated as dies non.
2. Briefly stated, case of the petitioner is that he was appointed as a driver and was working with 151 Battalion of the CRPF under No. 941174369 CT/DVR. In April, 2004, while he was posted at Dimapur Katkhati in Assam, he was directed to be a part of CRPF Convoy to carry luggage etc to Dayapur. The petitioner proceeded from Dimapur on 31.05.2004 and reached Dayapur on 02.06.2004. He was carrying a service weapon i.e. 9 MM Pistol, one magazine and 35 live rounds of 9MM. The petitioner is stated to have reached Dayapur on 16.05.2004. On 25.05.2004, the petitioner was directed to carry luggage in his vehicle from Dayapur to Dimapur and at that time, he was accompanied by Inspector V. K. Sharma.
3. According
The entire cause of action must arise within the court's jurisdiction for it to entertain a petition.
Territorial jurisdiction for entertaining a writ petition is determined by the location of the events related to the cause of action, as established by previous judgments.
The court emphasized the importance of adhering to procedural fairness in conducting inquiries and highlighted that the proportionality of punishment should be considered in light of the seriousness ....
The central legal principle established is that disciplinary proceedings must adhere to the principles of natural justice, including the right of the accused to access all relevant documents to ensur....
The court's decision highlighted the discretionary nature of issuing a writ under Article 226 of the Constitution of India and emphasized the limited scope for interference in disciplinary matters, u....
Disciplinary actions must adhere to established procedures, and courts will not interfere unless the punishment is shockingly disproportionate or the process violated natural justice.
The punishment of dismissal was disproportionate to the offence of unauthorized absence from duty.
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