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JAGMOHAN BANSAL
Jagpal Sharma – Appellant
Versus
Union of India – Respondent
JAGMOHAN BANSAL, J.
1. The petitioner, through instant writ petition under Articles 226/227 of the Constitution of India is seeking writ of Certiorari quashing order dated 12.02.2015 (Annexure P-3) passed by respondent No.3 whereby petitioner has been dismissed from service and order dated 10.07.2015 (Annexure P-5) passed by respondent No.2 whereby appeal of the petitioner has been rejected.
2. Learned counsel for the petitioner inter alia contends that petitioner has been terminated on the ground that he has committed offence punishable under Section 354 read with Section 448 of the Ranbir Penal Code. The petitioner joined service as General Duty Constable with 32nd Battalion Border Security Force on 20.08.1998. The impugned order came to be passed in the year 2015. During his service, the petitioner was adorned with 30 rewards including 4 Commendation Cards. The petitioner has been awarded punishment of termination of services which is harsh and it is disproportionate to the alleged offence. The case of the petitioner is squarely covered by a judgment of two Judge Bench of the Hon’ble Supreme Court in B.S. Hari Commandant Versus Union of India and Others; 2023 LiveLaw (SC) 303.
3. O
The court emphasized the importance of maintaining discipline in a force and upheld the penalty of dismissal from service based on the serious nature of the charges.
The court established that the condonation of misconduct occurs when an authority fails to take action against an employee for a significant period, and that denial of full pay without due process vi....
The High Court's review in disciplinary matters is constrained to procedural correctness and does not extend to re-evaluating evidence or punishment unless grossly disproportionate.
Disciplinary punishment must align with the severity of the misconduct, and excessive penalties can be subject to judicial review and modification.
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 the principle of proportionality in imposing disciplinary action, the requirement for clear and specific charges in a domestic inquiry, and the sco....
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