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2017 Supreme(Jhk) 719

D.N.PATEL, RATNAKER BHENGRA
C. I. S. F. No. 802230188, Constable B. N. Sharma @ Bishwanath Sharma, Son of Late Bikarma Sharma – Appellant
Versus
Union of India representing Central Industrial Security Force Department – Respondent


Advocates Appeared:
For the Appellant :Mr. Rajiv N. Prasad, Advocate.
For the UOI : Mr. Binod Singh, C.G.C.

ORDER :

D.N. Patel, J.

1. This Letters Patent Appeal has been preferred by the original petitioner, being aggrieved and feeling dissatisfied by the judgment delivered by the learned Single Judge in Civil Writ Jurisdiction Case No.4138 of 2000 dated 26th July, 2012. By this judgment, petition preferred by this appellant was dismissed and punishment inflicted by the Disciplinary Authority, which was confirmed by the Appellate Authority, has been upheld and writ was dismissed and therefore, original petitioner has preferred this Letters Patent Appeal.

2. Counsel appearing for the appellant submitted that there is a violation of principles of natural justice, no cross examination of the witnesses in course of inquiry was given, there is also violation of sub-rule (6) of Rule 34 of Central Industrial Security Force Rules, 1969. Counsel appearing for the appellant submitted that punishment inflicted upon this appellant-delinquent is unreasonable, excessive and shockingly disproportionate. This aspect of the matter has not been properly appreciated by the learned Single Judge, while dismissing the writ petition preferred by this appellant and hence, the said judgment deserves to be quashed a





































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