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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
MR JUSTICE SANJAY DHAR, J
HC/GD Harish Chander son of Adan resident of village Tesgora Post Palatwada Thana Sangori District Chindwara M.P. – Appellant
Versus
UOI – Respondent
JUDGMENT :
1. The petitioner, through the medium of the present petition, has challenged order dated 07.03.2019 issued by respondent No.3, whereby the punishment of compulsory retirement from service has been imposed upon him and order dated 09.02.2018 issued by respondent No.4, reinstating the petitioner in service, has been set aside.
2. According to the petitioner, he had joined the service in CRPF on 01.04.1991 as a Havaldar/GD and was posted in 45th Battalion at Sumbal, District Bandipora, Kashmir. The petitioner proceeded for five days leave on 09.05.2016 and was to resume his duties on 14.05.2016. However, due to compelling circumstances, he could not resume his duties. It has been submitted that the petitioner fell ill, as a result of which, he left his registered original residential house in Chindwara, Madhya Pradesh, and went to reside in the city area for his treatment which falls in Ward No.3 Ambara, District Chindwara, which is approximately 80 kms away from his original registered residence. It has been further submitted that during his illness, the petitioner was dismissed from service by the Commandant, 45th Battalion CRPF, vide his order dated 04.04.2017.The said or
The revisional authority has the power to enhance punishment suo moto under CRPF Rules, and procedural fairness was upheld in the inquiry process.
The punishment of dismissal was disproportionate to the offence of unauthorized absence from duty.
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.
The doctrine of constructive res-judicata applies when a party fails to challenge certain findings in a previous petition, and the court cannot interfere with the disciplinary authority's decision if....
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