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S. N. PATHAK
Namita Singh – Appellant
Versus
Central Industrial Security Force through its Director General, New Delhi – Respondent
JUDGMENT :
Heard the learned counsel for the petitioner and learned counsel for the respondents.
2. The petitioner has approached this Court for quashing of the order dated 9.10.2018, whereby the petitioner has been dismissed from service. Petitioner has also prayed for quashing the appellate order dated 18.1.2019 as well as revisional order dated 9.5.2019 confirming the dismissal order. Further prayer has been made for reinstatement of service with all consequential benefits.
3. As per the factual matrix, the petitioner was appointed on the post of Lady Constable in the year 2008 in Central Industrial Security Force. While the petitioner was posted at 2nd Reserved Battalion, Ranchi, she was proceeded for casual leave from 12.3.2018 to 18.3.2018. Though, she was supposed to join the duty on 19.3.2018, but she did not join despite issuance of three notices on 22.3.2018, 31.3.2018 and 6.4.2018 at the address of her native place. This unauthorized overstayal of the petitioner led to issuance of memo of charge under Rule 36 of the CISF Rules, 2001 on 17.5.2018. Two charges were levelled against her, which includes the current unauthorized absenteeism as well as past misconduct for oversta
Dismissal should only be imposed for willful and intentional absence, and the punishment should be proportionate to the gravity of the misconduct.
While courts generally do not interfere with findings of fact in disciplinary inquiries, a penalty of dismissal for unauthorised absence is reviewable if the disciplinary authority fails to exercise ....
Termination without proper procedure and documentation is disproportionate, violating legal norms on employee's rights.
Point of Law : Court regarding the allegation being of overstay in leave, the impugned order of dismissal is held to be unsustainable in law.
Disciplinary proceedings must adhere to principles of natural justice, ensuring fair enquiry and opportunity for the accused to present their case.
The main legal point established in the judgment is the requirement for employees to adhere to procedural and leave rules, respond to requests for documentation, and comply with disciplinary proceedi....
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