Back
R. N. MANJULA
H. Johnson Devakumar – Appellant
Versus
Deputy Inspector General of Police, Chennai – Respondent
JUDGMENT :
R.N. MANJULA, J.
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of CERTIORARIFIED MANDAMUS to call for the records of the 2nd Respondent in respect of the Order in Ref. No. R.13-16/2018-SS-Prasha-7 dated 09.12.2019, modifying/ enhancing the punishment of the Petitioner to that of dismissal from service, quash the same and consequently direct the Respondents to re-instate the Petitioner in service with all attendant benefits, continuity of service by dropping all further departmental enquiry proceedings against the Petitioner.
1. Heard Dr. R. Maheswari, learned Counsel for the petitioner and Mr. K. Srinivasamurthy, learned Senior Panel Counsel Central Government for the respondents and perused the materials available on records.
2. A Writ of Certiorarified Mandamus has been filed by challenging the impugned order of the 2nd Respondent in Ref. No. R.13-16/2018-SSPrasha-7 dated 09.12.2019, modifying/ enhancing the punishment of the Petitioner to that of dismissal from service and to direct the Respondents to re-instate the Petitioner in service with all attendant benefits, continuity of service by dropping all further departmental
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 ....
The main legal point established in the judgment is that disciplinary orders must comply with the principles and provisions of the applicable rules and regulations, including the requirement for vali....
As per Rule 27(a) of Rules of 1949, punishment of dismissal or removal from service including that of reduction to a lower stage in time scale of pay for a specific period can be imposed by Commandan....
The doctrine of constructive res-judicata applies when a party fails to challenge certain findings in a previous petition, and the court cannot interfere with the disciplinary authority's decision if....
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 main legal point established in the judgment is that the subject matter of the earlier departmental enquiry must be different from the subject matter of the fresh enquiry, and the authority of th....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
