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SANJEEV KUMAR
Om Parkash, S/o. Shri Anant Ram – Appellant
Versus
Union of India through Home Secretary, Ministry of Home Affairs, Government of India, New Delhi – Respondent
JUDGMENT :
1. The petitioner was appointed as Constable in Sashastra Seema Bal ("SSB" for short) during the year 1975. On 16-07-1995 i.e. after almost 20 years of service, the petitioner left his posting at Group Centre Headquarters/lines, Suderbani at 0755 hours without prior permission from the competent authority. Even after being served with two notices for resumption of his duties by the Group Centre SSB, Sunderbani, the petitioner did not resume his duties. When the notices issued to the petitioner for resumption of duty did not receive any response from the petitioner, a Court of Inquiry was ordered on 15-09-1995 to find out the circumstances under which the petitioner had, without any permission or authority, abandoned his services from Group Centre Headquarters, Sunderbani. On the basis of the recommendation of the Court of Inquiry, the Competent Authority declared the petitioner a deserter with effect from 16-07-1995 vide Order No. 9310-14 dated 26-09-1995.
2. Keeping in view the findings of the Court of Inquiry and regard been had to the service record of the petitioner, the petitioner was also found to be a habitual offender having committed misconduct in as many as 21 ti
The Court emphasized the importance of proportionate punishment and directed the Appellate Authority to reconsider the appeal in light of this principle.
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.
Proportionality of punishment and adherence to prescribed procedures in disciplinary proceedings.
The court emphasized the importance of following the prescribed disciplinary procedures and upheld the principle of proportionality in imposing penalties for misconduct.
Disciplinary penalties must be proportionate to the misconduct, considering the individual's service history and circumstances surrounding the case.
The court upheld the removal of a constable for repeated indiscipline, affirming the adherence to procedural safeguards in disciplinary proceedings.
The main legal point established is that absence from duty cannot be deemed wilful if due to compelling circumstances, and disciplinary proceedings must be based on cogent material.
The main legal point established in the judgment is the importance of adhering to natural justice principles in disciplinary proceedings, including providing a fair opportunity for the accused to def....
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