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RAJESH SHANKAR
Ajay Kumar – Appellant
Versus
Union of India represented through Secretary, Ministry of Home Affairs – Respondent
ORDER :
(Rajesh Shankar, J.) :
The present writ petition has been filed for quashing the order as contained in letter no. 3376 dated 01.06.2019 (Annexure-4 to the writ petition) passed by the Commandant-cum-Disciplinary Authority, Central Industrial Security Force (CISF) Unit, CCL Kargali, Bokaro (the respondent no. 4) whereby the petitioner has been imposed punishment of ‘removal from service’. Further prayer has been made for quashing the order as contained in letter no. 6399 dated 14.08.2019 (Annexure- 5 to the writ petition) passed by the appellate authority i.e., Deputy Inspector General, CISF, Ministry of Home Affairs, Ranchi (the respondent no. 3) whereby the appeal preferred by the petitioner against the order dated 01.06.2019 passed by the respondent no. 4 has been dismissed. The petitioner has also prayed for quashing the order as contained in letter no. 16713 dated 19.12.2019 (Annexure-6 to the writ petition) passed by the revisional authority i.e., Inspector General, CISF (Ministry of Home Affairs), Eastern Zone Headquarter, Ranchi (the respondent no. 2) whereby the revision petition dated 25.09.2019 preferred by the petitioner against the appellate order dated 14.08.2019
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.
Judicial review in disciplinary matters is limited; courts cannot reassess evidence or interfere unless findings are arbitrary or unsupported by evidence.
The court emphasized the necessity of adhering to principles of natural justice in disciplinary inquiries, asserting that findings must be supported by adequate evidence and fair procedures.
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....
The main legal point established in the given judgment is the limited scope of judicial review in disciplinary inquiries and the principles of proportionality and the Wednesbury rule.
The dismissal from service must be proportionate to the alleged misconduct and should not violate constitutional provisions such as double jeopardy. The imposition of punishment should adhere to the ....
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