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SANJAY DHAR
Reyaz Ahmad Khan – Appellant
Versus
Union of India – Respondent
JUDGMENT :
1. The petitioner has challenged order bearing No.05/2017-EC-11 dated 31.07.2018, passed by respondent No.2, whereby he has been dismissed from service. Challenge has also been thrown to order No.R-XIII-231/18-EC-3 (RAK) dated 06.10.2018, whereby appeal against order dated 31.07.2018 has been dismissed by respondent No.3. A further direction seeking reinstatement of the petitioner has also been sought.
2. Briefly stated, case of the petitioner is that he was appointed as a Constable in Central Reserve Police Force (CRPF) and was posted in 231 Bn. According to the petitioner, leave was sanctioned in his favour from 10.04.2017 to 09.05.2017 but after the period of leave was over, he was unable to resume his duties. It has been submitted that while he was on leave, his son suffered vision disability, as a result of which he had to be admitted to hospital at Srinagar for treatment. It is averred that due to the deteriorating health condition of his son, the petitioner applied for extension of leave which was granted, in the first instance, for eight days and thereafter for another ten days. Ultimately, the petitioner is stated to have joined his duties in the office of respond
The discretion vests with the Disciplinary Authority to impose punishment commensurate with the nature of the offense proved, and the same cannot be interfered with by the Court.
The Commandant has the discretion to impose dismissal or removal from service for misconduct under Section 11(1) of the CRPF Act.
Disciplinary dismissal for serious unauthorized absence upheld as proper under CRPF Act, affirming authority in service conduct over mere appeal of punishment severity.
The court emphasized the importance of disciplinary procedure and upheld the dismissal based on the petitioner's conduct and lack of evidence supporting his medical condition.
The punishment imposed must be proportionate to the gravity of the misconduct, and the principles of natural justice and statutory regulations prescribing the mode of enquiry must be followed.
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....
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