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S. N. PATHAK
Raj Pal – Appellant
Versus
Inspector General/North Sector, Central Industrial Security Force, CISF, New Delhi – Respondent
JUDGMENT :
S.N. PATHAK, J.
Since similar facts and common issues are involved in both writ petitions, they are heard together and are being disposed of analogously.
2. Heard the parties.
Prayers
3. In W.P.(S) No. 1298 of 2013, the petitioner has challenged the order dated 09.03.1998 passed by Commandant, Central Industrial Security Police Force, CTPS, Chandrapura (respondent no.2) by which the petitioner was dismissed from service. The appellate order dated 20.10.1998 passed by respondent no.2 affirming the dismissal order is also under challenge.
4. In W.P.(S) No. 3831 of 2012, the petitioner has thrown challenge to the order dated 28.07.1998 passed by Commandant, Central Industrial Security Force, CTPS, Chandrapura (respondent no.2) whereby he was dismissed from service. He has also challenged the order dated 28.04.1999 by which the respondent no.2 being the appellate authority has rejected the appeal preferred against the punishment order dated 28.07.1998. The revisional order dated 29.06.2004 is also under challenge.
The facts
5. The petitioners, while posted at CISF Unit, FCI Sindri, were put under suspension with the allegation of involvement of theft along with outsiders in SA
The disciplinary authority has the discretion to disagree with an inquiry officer's findings, provided it records reasons for its disagreement and adheres to principles of natural justice in the disc....
Dismissal without inquiry violates natural justice and requires satisfactory justification under CISF Rules and Article 311 of the Constitution.
The dismissal of employees without a regular departmental enquiry and based solely on a preliminary enquiry was held to be arbitrary and unsustainable.
Disciplinary proceedings must adhere to the principles of natural justice, including supplying relevant documents, but if no prejudice is established, the proceedings may still be upheld.
Disciplinary proceedings must adhere to principles of natural justice, including providing access to relevant evidence. Failure to follow these may invalidate the proceedings.
The Court upheld the penalty of removal from service based on the petitioner's admission of charges, failure to submit written explanations, and the consideration of the petitioner's previous conduct....
Disciplinary proceedings must follow the principles of natural justice, including the right to evidence, but non-supply of evidence does not invalidate proceedings if the accused received a fair chan....
The main legal point established in the judgment is that the proof of demand and acceptance of illegal gratification is essential to establish guilt under the Prevention of Corruption Act, and the co....
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