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IN THE HIGH COURT OF JUDICATURE AT MADRAS
HEMANT CHANDANGOUDAR
Dharampal Singh – Appellant
Versus
Union Of India Rep By Its Secretary To Government – Respondent
| Table of Content |
|---|
| 1. petitioner's removal from service challenged. (Para 1 , 2) |
| 2. petitioner's explanation for absence. (Para 3 , 5 , 6 , 7 , 12) |
| 3. court's evaluation of evidence. (Para 8 , 14 , 15 , 18) |
| 4. disproportionate punishment recognized. (Para 20) |
| 5. order for rehearing on punishment. (Para 21) |
ORDER :
HEMANT CHANDANGOUDAR, J.
The challenge in this writ petition is to the order dated 05.04.2017 passed by the 3rd respondent, confirming the order dated 21.09.2016 passed by the 4th respondent and the order dated 03.03.2016 passed by the 5th respondent. By the said orders, the petitioner, while serving in the CISF Unit, Cochin, was removed from service.
2. The petitioner was issued a charge memo alleging that he had overstayed for a period of 137 days and that, despite issuance of three call up notices by the Unit Commandant directing him to rejoin duty immediately, he failed to comply with the instructions. It was alleged that such conduct amounted to gross negligence and disobedience of lawful orders issued by the competent authority.
3. The petitioner submitted an explanation to the show-cause notice denying the allegations and setting out the genuine reasons for his overstay. As th
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.
The court emphasized the importance of following the prescribed disciplinary procedures and upheld the principle of proportionality in imposing penalties for misconduct.
The doctrine of proportionality must be applied in determining the proportionality of punishment in disciplinary proceedings, and the punishment must be commensurate with the fault committed.
The court upheld the removal of a constable for repeated indiscipline, affirming the adherence to procedural safeguards in disciplinary proceedings.
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