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SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Shyam Sundar Mahato – Appellant
Versus
Union of India – Respondent
JUDGMENT :
I.A. No.1049 of 2023
1) Having heard the learned counsels for the parties and being satisfied with the grounds shown in the limitation petition, the delay of 12 days in filing the appeal is condoned.
2) Accordingly, I.A. No.1049 of 2023 stands allowed and disposed of.
L.P.A. No. 42 of 2023
Prayer
3) This intra-court appeal is directed against the order dated 06.12.2022 passed by the learned Single Judge in W.P. (S) No. 660 of 2021, whereby and whereunder the writ petition has been dismissed by declining to interfere with the order dated 15.10.2019 passed by the Commandant-cum-Disciplinary Authority, whereby the Disciplinary Authority imposed punishment of reduction of pay by two stages from Rs.33,300/-to 31,400/-for a period of two years with a direction that during the period of reduction the appellant will not earn increment of pay and that on expiry of this period the reduction will have effect on postponing his future increment of pay. Further, the appellate order dated 19.01.2020 as also the revisional order dated 26.05.2020 has also been sought to be quashed by which the order dated 15.10.2019 passed by the Disciplinary Authority has been affirmed.
Facts
4) The facts leadi
The court established that judicial review of disciplinary actions is limited to cases of gross disproportionality in punishment, reinforcing the authority's discretion in maintaining discipline with....
The punishment of reduction in pay scale under Rule 34(v) of the CISF Rules, 2001 can be for more than one stage, and the principle of parity in punishment applies only to identical charges.
Judicial review of disciplinary punishment is limited to cases where the penalty is shockingly disproportionate or perverse. Parity in punishment is not absolute; it must account for the delinquent's....
Disparity in punishment among co-delinquents is justified based on the severity of misconduct and position of authority, adhering to Article 14's principles of equality and non-discrimination.
Disciplinary actions must follow principles of natural justice, and punishment should only be altered if found shockingly disproportionate; lack of proof for a charge does not justify changing penalt....
The main legal point established in the judgment is the limited scope of interference in disciplinary proceedings, emphasizing the need for evidence-based findings and the principles of proportionali....
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