Back
S. N. PATHAK
Shammi Kapoor – Appellant
Versus
Union of India through its Secretary to Government of India, Ministry of Home Affairs, New Delhi – Respondent
JUDGMENT :
Heard the parties.
2. Petitioner has approached this Court with a prayer for quashing the order of punishment dated 04.01.2013, passed by respondent No. 5, whereby he has removed the petitioner from his service. Petitioner has further prayed for quashing the appellate order dated 26.02.2013, passed by respondent No. 4 and revision order dated 07.10.2015, passed by respondent No. 3, by which the order of punishment has been affirmed by the said two forums.
Petitioner has also prayed that after quashment of the aforesaid orders, the respondents be directed to reinstate the petitioner with all consequential benefits considering the break in service as period spent on medical leave.
3. As per the factual matrix, the petitioner was appointed as Constable in the Central Industrial Security Force vide Appointment Offer dated 19.08.2008 and subsequently, the petitioner joined the said post. Thereafter, while the petitioner was discharging his duties, certain unfortunate events took place in his family one after the other like death of his father on 02.05.2012, divorce of petitioner with his wife in July 2012 in addition to that as petitioner had not got his salary for 10 months cont
The High Court does not act as an appellate authority in disciplinary matters and will not interfere with the quantum of punishment unless it is shocking to the conscience.
The court emphasized the importance of maintaining discipline in an armed force and upheld the disciplinary authority's decision based on the evidence presented during the proceedings.
The punishment of dismissal was disproportionate to the offence of unauthorized absence from duty.
Disciplinary penalties must be proportionate to the misconduct, considering the individual's service history and circumstances surrounding the case.
The court emphasized the necessity of adhering to principles of natural justice in disciplinary proceedings, ruling that failure to do so can lead to quashing of punitive actions.
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
