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IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN
Balwan Singh, son of Sri Ajit Singh – Appellant
Versus
Union of India through Ministry of Home Affairs, New Delhi – Respondent
JUDGMENT :
DEEPAK ROSHAN, J.
1. Heard learned counsel for the parties.
2. The instant writ application has been preferred by the petitioner for quashing the order contained in Memo No. V- 11014 / Pukh / Vivin / Revision-10/2014- 12556 dated 14.11.2014, passed by Director General of Police, Central Industrial Security Force, Eastern Division, Headquarter, Boring Road, Patna; whereby the revision petition dated 23.07.2014, preferred by the petitioner has been dismissed affirming the Appellate order dated 13/09/2013, contained in Memo No. V- 11014/E2/Ad II/Ap1-15/BS/2013-619, passed by Deputy Inspector General of Police, Central Industrial Security Force, Patliputra Headquarter, Patna; whereby the appellate authority has modified the order dated 14/05/2013, passed by Commandant, Central Industrial Security Force, C.T.P.S. Chandrapura, Bokaro in the following manner "Reduction of pay to the minimum stage in the pay band of Const/GD for a period of three years with immediate effect with cumulative effect to that of Reduction of pay by one stage from Rs. 7,830/- GP Rs. 2,000/- to Rs. 7,540/- + GP Rs. 2,000/- (in the pay band of PB-I Rs. 5,200-20,200/-+ GP Rs. 2,000/-) for a period of three
Judicial review of disciplinary matters is limited, with courts respecting the wide discretion of disciplinary authorities unless procedural fairness is violated or penalties shock the conscience.
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 to procedural compliance, not reappraisal of evidence or merits of punishments.
The findings in the criminal and departmental proceedings were based on the same set of facts, and acquittal in a criminal case does not automatically entitle the individual to relief in departmental....
Judicial review of disciplinary proceedings focuses on the fairness of the process rather than the correctness of the outcome, ensuring compliance with natural justice.
Disciplinary proceedings must respect natural justice principles, including the right to a personal hearing and proper consideration of the defense, failing which decisions are liable to be quashed.
The court's decision emphasizes the importance of upholding discipline and proportionate penalties in disciplinary proceedings.
Judicial review of disciplinary actions is limited to ensuring due process was followed, not to reassess the proportionality of punishment unless it is shockingly disproportionate.
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