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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKAS BAHL
Rohtash Kumar – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Vikas Bahl, J. (Oral)
- Present petition has been filed under Article 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari to quash the impugned report of departmental enquiry dated 20.01.2012 (Annexure P-2) as well as the impugned order dated 18.05.2012 (Annexure P-5) whereby the petitioner was dismissed from the post of Constable. Challenge is also to the order dated 06.08.2012 (Annexure P6) passed by respondent No.3 whereby appeal of the petitioner against the punishment of dismissal from service has been rejected and also to order dated 10.07.2014 (Annexure P-7) whereby respondent No.2 partly accepted the revision petition filed by the petitioner by reducing the punishment of dismissal to the stoppage of two annual increments with permanent effect.2. Brief facts of the present case are that the petitioner was selected as a Constable on regular basis in the staff of Pipe Band of the respondents and while working on the said post, the petitioner was suspended and a charge-sheet dated 29.12.2011 (Annexure P-1) was issued to the petitioner on the charges that he was deputed to participate in the 12th All Indian Pipe Band Competition with
The court emphasized the importance of timely filing of appeals and writ petitions, the inability of successive representations to condone delay, and the limited scope of judicial review in disciplin....
Delay and laches can bar relief in writ petitions, especially when the petitioner fails to assert rights in a timely manner, rendering the case devoid of merits.
The standards of proof in criminal and departmental proceedings differ, affecting the relevancy of acquittal.
The court's decision highlighted the discretionary nature of issuing a writ under Article 226 of the Constitution of India and emphasized the limited scope for interference in disciplinary matters, u....
Adherence to time limits for filing appeals and the discretion to entertain appeals beyond the period of limitation are crucial in disciplinary proceedings under the CISF Act, 1968.
The main legal point established in the judgment is the importance of discipline in the Border Security Force, the adherence to the BSF Act and Rules in dismissal proceedings, and the limited scope f....
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