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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RONGON MUKHOPADHYAY, ARUN KUMAR RAI
Union of India, through its Directorate General, Central Industrial Security Force, Ministry of Home Affairs, New Delhi – Appellant
Versus
Shobh Narayan Singh @ Shov Narayan Singh, son of Bannal Singh – Respondent
| Table of Content |
|---|
| 1. factual background: misconduct charge, inquiry, removal from service. (Para 1 , 2 , 3) |
| 2. no re-appreciation of evidence in disciplinary proceedings. (Para 4 , 14 , 15) |
| 3. punishment disproportionate; parity with similarly charged constable. (Para 5 , 10 , 11) |
| 4. removal shockingly harsh; remand for fresh punishment order. (Para 6 , 16 , 17 , 18) |
| 5. doctrine of proportionality limits excessive punishment quantum. (Para 7 , 8 , 9 , 12 , 13) |
JUDGMENT :
1. Heard Mr. Anil Kumar, learned Additional Solicitor General of India and Mr. Ajit Kumar, learned senior counsel for the respondent.
2. This appeal is directed against the order dated 09.08.2021 passed by the learned Single Judge in W.P.(S) No. 1846 of 2014, whereby and whereunder the order dated 25.10.1999 removing the writ petitioner from service and all its subsequent orders have been quashed and set aside and the writ petitioner has been ordered to be reinstated in service and the matter has been remanded to the concerned authority (respondent no.3 in the writ petition) to pass a fresh order on the quantum of punishment.
3. The factual narrative, in brief, is that on 17.01.1985 the petitioner was appointed to the post o
In disciplinary proceedings, judicial review permits interference with disproportionate punishment quantum if shockingly harsh relative to misconduct, prior impeccable record, and parity, even withou....
Judicial review of disciplinary actions emphasizes fairness of the inquiry and proportionality of punishment, allowing modification from removal to compulsory retirement when circumstances warrant.
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 upheld the dismissal of the petitioner, emphasizing adherence to natural justice and the limited scope of judicial review in disciplinary proceedings.
The court emphasized the importance of maintaining discipline in a disciplined force, the limited scope of judicial review in disciplinary matters, and the gravity of established misconduct in determ....
The court emphasized proportionality in disciplinary actions, asserting penalties must align with the seriousness of misconduct and take into account mitigating circumstances and lack of financial lo....
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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