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SINDHU SHARMA
Sohan Lal Sharma – Appellant
Versus
Union of India – Respondent
JUDGMENT :
1. Petitioner seeks quashing of order No. D.II-1/89-33-EC-II dated nil August, 1991, whereby the petitioner has been dismissed from service.
2. Briefly stating the material facts are as under:
3. Petitioner was appointed as a Constable in CRPF and was serving in 33 Bn. During the course of his employment, he developed some disc problem and was referred to Group Centre-I, CRPF Ajmer Hospital, for treatment on 20.12.1988 by the Unit Medical Officer. After the checkup in Group Centre-I, he had underwent treatment from 04.01.1989 to 04.02.1989 and, thereafter, was advised for seven days home rest by the Medical Officer of Group Centre-I, CRPF Ajmer with permission to avail home rest w.e.f. 05.02.1989 to 11.02.1989. The petitioner then returned home to avail the prescribed rest.
4. The ailment, which the petitioner was suffering from persisted and he remained under treatment of various doctors while he was on home rest. Petitioner informed the respondents of his persisting ailment and sought extension of leave vide various letters, and postal receipts of the letters/communications sent to respondents are enclosed by him along with the medical certificates.
5. During the period whi
The Commandant has the discretion to impose dismissal or removal from service for misconduct under Section 11(1) of the CRPF Act.
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 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....
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.
The court emphasized the importance of following the prescribed disciplinary procedures and upheld the principle of proportionality in imposing penalties for misconduct.
Disciplinary dismissal for serious unauthorized absence upheld as proper under CRPF Act, affirming authority in service conduct over mere appeal of punishment severity.
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