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1989 Supreme(Ori) 327

D.P.MOHAPATRA, ARIJIT PASAYAT
KAMLESH KUMAR NIRANJAN – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
M.R. Panda, G.R. Naik and P.K. Panda, for the Appellant; A.B. Misra, Standing Counsel (Central), for the Respondent

JUDGMENT :

A. Pasayat, J. - Petitioner by this application under Article 226 of the Constitution of India, 1950, has assailed the order of punishment imposed on him in a disciplinary proceeding by application of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (hereinafter referred to as 'the Rules') read with the provisions of the Central Industrial Security Force Act. 1968 (hereinafter referred to as 'the Act') and the Rules framed thereunder. An order of reversion stated to be consequential has also been assailed.

2. A detailed examination of the factual controversies is not warranted in the facts of this case as the basic dispute that needs adjudication is as to whether the proceeding initiated was in accordance with law and/or whether the impugned order of punishment (Annexure - 4) pursuant to the disciplinary proceeding (Annexure -2 ) confirmed in appeal vide Annexure - 10, and the order of reversion ( Annexure - 8) are sustainable. A proceeding under Rule 16 of the Rules was initiated against the Petitioner, who was working as Assistant Commandant of Central Industrial Security Force at the relevant time on the ground of misconduct and misbehaviour.



















































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