JAVED IQBAL WANI
Ashwani Kumar, S/o Ram Nath Sharma – Appellant
Versus
Union of India through Ministry of Home Affairs, New Delhi – Respondent
ORDER :
1. The petitioner, in the instant petition filed under Article 226 of the Constitution has prayed for the following reliefs:
2) Writ of mandamus thereby issuing direction to the respondents to allow the petitioner to continue in the service.
3) And/or to pass any other writ, order or direction, which this Hon’ble Court may deems fit and proper in the present set of circumstances.
2. The facts under the cover of which the aforesaid reliefs have been prayed are that the petitioner came to be appointed as a Constable in Sashastra Seema Bal (SSB) on 27.08.1993, and on 19.11.2003 when the petitioner was posted and deputed as a Rear Sentry in the second floor of a building housing BSNL office in Srinagar, at 17:30 hrs, in the evening, two militants made an entry into the said building through front gate and engaged into firing causing immense loss to the building resulting into initiation of a preliminary inquiry initiated by the respondents herein by one Shri R. K. Mahajan, Assistant Commandant, wh
The main legal point established in the judgment is the mandatory nature of the procedure for conducting an enquiry and the importance of following the principles of natural justice in disciplinary p....
Point of law: Whenever an inquiring authority is to be appointed for conducting enquiry under the said rules, they are also requested to bring these instructions to the notice of their subordinates f....
The main legal point established in the judgment is that the respondents followed the provisions of the CRPF Act and Rules in conducting the inquiry and imposing the punishment on the petitioner.
The main legal point established in the judgment is the substantial compliance with the procedural rules and the requirement for evidence to support the charges in a departmental enquiry.
The absence of Presenting Officers in disciplinary proceedings violates natural justice, necessitating the setting aside of dismissal orders and reinstatement of affected personnel.
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 ....
Disciplinary inquiry vitiated if Disciplinary Authority acts as Enquiry Officer and prosecutor, records adverse witness statements without cross-examination, relies on unfurnished reports, creating r....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.