Back
SANJAY DHAR
Ex-Ct/GD Om Parkash, son of late Sh. Murlidhar – Appellant
Versus
UOI, through Home Secretary Ministry of Home Affairs Government of India New Delhi – Respondent
JUDGMENT :
1. The petitioner has challenged order No. P.8-2/2006/EC-2 dated 23.10.2006 issued by respondent No.5-Commandant 4th Bn. CRPF whereby the petitioner has been awarded penalty of dismissal from service in terms of Section 11(1) of CRPF Act, 1949 (‘the Act’ for short). Challenge has also been thrown to order dated 17.04.2004 issued by the Appellate Authority i.e. respondent No.4- DIG CRPF whereby the appeal of the petitioner against the order of his dismissal from service has been dismissed. The petitioner has further challenged order dated 17.06.2008 issued by the Revisional Authority-respondent No.3 herein (Inspector General of CRPF) whereby the revision petition of the petitioner has also been dismissed.
2. Briefly stated, the facts emanating from the pleadings of the parties are that the petitioner was appointed as Constable in CRPF on 15.06.2004. On 03.04.2006, he was detailed on Sentry duty in Morcha No. 11 at Chief Minister’s residence, Jammu from 1800 hours to 2000 hours. On the same day, during 1500 hours to 1700 hours, Constable Anand Kumar Singh was detailed on Sentry duty in Morcha No. 3 at Chief Minister’s residence, Jammu. Head Constable Joginder Jha had made
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 court emphasized the importance of following the prescribed disciplinary procedures and upheld the principle of proportionality in imposing penalties for misconduct.
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....
The absence of Presenting Officers in disciplinary proceedings violates natural justice, necessitating the setting aside of dismissal orders and reinstatement of affected personnel.
Adequate opportunity for defense in disciplinary inquiry is essential; however, failure to contest charges undermines claims of procedural violations.
In disciplinary proceedings, the principles of natural justice require that the person facing the charges should be given a fair opportunity to defend himself, including the right to cross-examine wi....
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 non-appointment of a presenting officer in a departmental enquiry vitiates the enquiry and violates the principle of natural justice.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
