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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJAY DHAR
Amit Kumar – Appellant
Versus
Union of India – Respondent
JUDGMENT :
SANJAY DHAR, J.
01. The petitioner through the medium of the present petition has challenged enquiry proceedings conducted by respondent No. 4 against the petitioner. Challenge has also been thrown to order dated 04.08.2006 issued by respondent No. 3 whereby the petitioner has been removed from service. Besides this, the petitioner has also challenged order dated 30.06.2011 issued by respondent No. 5 whereby his statutory appeal against order dated 04.08.2006 has been rejected.
02. As per the case of the petitioner, he was appointed as a Constable in the year 2003 in Central Reserve Police Force and he joined his service on 24.3.2003 at Group Centre, Rampur. He was posted in 93rd Bn, which was relocated to Anantnag. In August, 2005, the petitioner is stated to have fallen ill and he was admitted in 5th Bn CRPF Hospital and the doctor recommended one week medical leave in his favour. Accordingly, the petitioner was granted medical leave w.e.f., 13.12.2005 to 17.12.2005. He proceeded to his home town.
03. After availing the leave period while the petitioner was reporting back to his duty on 17.02.2005, his condition deteriorated and he was admitted in District Hospital, Sahara
Disciplinary proceedings must adhere to principles of natural justice, ensuring fair enquiry and opportunity for the accused to present their case.
Disciplinary proceedings must adhere to principles of natural justice, ensuring proper inquiry and the summoning of all relevant parties.
Disciplinary actions must follow due process, and absence due to illness cannot be deemed willful misconduct without proper inquiry.
The court emphasized the limited scope of judicial review in disciplinary proceedings, highlighting the need for compliance with rules of natural justice, the presence of some evidence to support fin....
The court emphasized the importance of following the prescribed disciplinary procedures and upheld the principle of proportionality in imposing penalties for misconduct.
The court upheld the removal of a constable for repeated indiscipline, affirming the adherence to procedural safeguards in disciplinary proceedings.
The court established that disciplinary inquiries must adhere to principles of natural justice, including the examination of witnesses and consideration of an employee's medical condition.
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