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R. N. MANJULA
N. Nagaraja – Appellant
Versus
Inspector General, Central Industrial Security Force, Chennai – Respondent
JUDGMENT :
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari Mandamus to call for the records relating to the impugned order passed by the 1st respondent dated 27.01.2020 in his order No. V-15016/CISF/SS/L&R/NG/Rev/2020/1211 confirming the order of the 2nd respondent dated 20.09.2019 in his order No. V-11014(1)/Appeal-13/NN-4THRB(S)/SZ/L&R/2019-7679 confirming the order of 3rd respondent dated 13.07.2019 in his order No. V- 15014/CISF/4THRB(S)/MAJ-36/DISC/N.N./2019/3038, quash the same and direct the 1 to 3 respondents to take the Petitioner into the strength of the CISF with all consequential service cum monetary benefits.)
1. Heard, Mr.R.Thiyagarajan, learned Counsel for the petitioner and M/S.ME.Sarashuvathy, learned Standing Panel Counsel for the respondents and and perused the materials available on records.
2. A Writ of Certiorari Mandamus has been filed by the petitioner to call for the records relating to the impugned order passed by the 1st respondent dated 27.01.2020 in his order No. V- 15016/CISF/SS/L&R/NG/Rev/2020/1211 confirming the order of the 2nd respondent dated 20.09.2019 in his order No.V-11014(1)/Appeal- 1
The court ruled that while the petitioner was guilty of misconduct, the punishment of removal from service was found to be disproportionate, warranting reinstatement with a lesser penalty.
The court emphasized the importance of procedural compliance in disciplinary proceedings and upheld the principle of proportionality in imposing punishment.
Sufficient and effective opportunity should be granted to the delinquent in the domestic enquiry, especially when there is contemplation to impose a major punishment.
Regularization of unauthorized absence as Extraordinary Leave without salary precludes the continuation of disciplinary proceedings and consideration of the petitioner's long and clean service record....
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....
Unauthorised absence is an act of indiscipline and may lead to disciplinary action, including dismissal from service.
The judgment establishes that there is no provision for filing an appeal/application against the order of revision, and the petitioner can challenge the final order by way of revision before the conc....
Natural justice mandates fair hearing in disciplinary proceedings, but inordinate delays can result in dismissal of petitions due to laches.
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