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SANJAY DHAR
Ashwani Kumar – Appellant
Versus
Union of India – Respondent
JUDGMENT :
1. The petitioner challenged order bearing No. Estt/59932/DE/7th Bn/02(E)/8264-69-70, dated 01.04.2004 issued by respondent No. 5 by virtue of which punishment of reduction of rank from Nk/GD to L/Nk/GD for two years from the date of issue of the said order, has been passed against him. The petitioner has also challenged memorandum dated 30.06.2004, whereby his appeal against the aforesaid order has been rejected.
2. Briefly stated, the case of the petitioner is that he was appointed as constable with Sashastra Seema Bal (SSB) on 03.01.1989. In the year, 1997, he was promoted as Lance Naik, whereafter, he was promoted as Naik in April, 2002. According to the petitioner, he had applied for 10 days leave in August, 2002, which was sanctioned in his favour vide order dated 03.08.2002. The leave was granted to the petitioner with effect from 04.08.2002 to 15.08.2002. It has been submitted by the petitioner that during the leave period, he fell ill and was admitted to Sub District Hospital, Akhnoor on 12.08.2002. On 16.08.2002, he applied for extension of leave on medical ground, which was duly received by the respondents on 19.08.2002. According to the petitioner, he had duly
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 court emphasized that medical documents must establish the inability to discharge duties to justify absence from duty. It also highlighted the importance of conducting enquiry proceedings as per ....
The court emphasized the importance of following the prescribed disciplinary procedures and upheld the principle of proportionality in imposing penalties for misconduct.
Proportionality of punishment and adherence to prescribed procedures in disciplinary proceedings.
Disciplinary proceedings must adhere to principles of natural justice, ensuring fair enquiry and opportunity for the accused to present their case.
The court upheld the disciplinary action against the petitioner for unauthorized absence, finding no procedural irregularities and confirming the penalty of removal from service as justified.
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....
Resignation cannot be accepted during a pending departmental enquiry, and unauthorized absence from duty can lead to removal from service.
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