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S. M. SUBRAMANIAM
M. Muthu – Appellant
Versus
Union of India, Represented by the Secretary, Ministry of Home Affairs, Government of India – Respondent
ORDER :
[Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the order of 5th respondent herein made in proceedings P.VIII.4/2014-97-Estt-2 dated 22.12.2014 imposing punishment of dismissal from service and consequential order dated 26.05.2015 of 4th respondent in proceedings No.R.XIII.1/2015-Estt-I and order dated 21.01.2016 of 3rd respondent in proceedings No.R.XIII-16/2015-W.S.Adm.-6 and quash the same and direct the respondents to reinstate the petitioner into service with all monetary benefits and back wages.]
1. The punishment of dismissal from service imposed on the writ petitioner by the Disciplinary Authority and which was confirmed by the Appellate Authority and Revisional Authority, are under challenge in the present writ petition.
2. The petitioner joined in the Central Reserve Police Force (CRPF) as Constable on 25.09.2004. While the petitioner was serving in 97 Battalion CPRF, Jharkhand, he reported to A/97 Battalion Company. The Officer Commanding (OC) Shri V.Sumesh Kumar of the Company asked the petitioner to do orderly duties to assist him in doing all kind
The main legal point established in the judgment is the need for proportionality in imposing penalties, the requirement for adequate evidence to support charges, and the importance of addressing disc....
The main legal point established in the judgment is the principle of proportionality in imposing disciplinary action, the requirement for clear and specific charges in a domestic inquiry, and the sco....
The punishment imposed must be proportionate to the gravity of the misconduct, and the principles of natural justice and statutory regulations prescribing the mode of enquiry must be followed.
The court's decision highlighted the discretionary nature of issuing a writ under Article 226 of the Constitution of India and emphasized the limited scope for interference in disciplinary matters, u....
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