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GOVIND MATHUR, SIDDHARTHA VARMA
Rajat Aren – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
Siddhartha Varma, J.
1. The instant case relates to a Gentleman Cadet who could not pass out as an Officer on account of the fact that on 07.08.2017, he was served with a relegation order and thereafter, on 20.12.2017/ 21.12.2017, he was withdrawn from the Officers Training Academy.
2. Before proceedings further with the order, it would be relevant to understand three specific terms which would be used in the instant judgement. They are
(ii) Relegation; and
(iii) Withdrawal.
3. The meaning of these three terms can be got from the Administrative Instructions which are issued by the Army Training Command, Shimla. The Administrative Instructions govern the functioning of the Indian Military Academy, Dehradun, Officers Training Academy, Chennai and the Officers Training Academy, Gaya. From the Administrative Instructions when we try to glean out the meaning of the terms Restriction, Relegation and Withdrawal, we realize that the Instructions have tried to have a “Discipline Policy” which is more corrective and reformatory in nature and it is not exactly punitive. Be that as it may, while punishments are awarded, there are times, when they become serious enough whe
Disciplinary punishment must align with the severity of the misconduct, and excessive penalties can be subject to judicial review and modification.
Power of judicial review is meant to ensure that the individual receives fair treatment and not to ensure that the conclusion which the authority reaches is necessarily correct in eyes of law.
A disciplinary authority is empowered to impose dismissal under Section 11 of the Central Reserve Police Force Act, 1949, and past conduct can be considered in determining the penalty for indisciplin....
Doctrine of unreasonableness is giving way to the doctrine of proportionality and on certain aspects even judicial review of fact is permissible.
Court held that a reinstated individual, upon acquittal and in compliance with training rules, is entitled to stipend during training and notional benefits thereafter, but not salary for unserved per....
The court overturned the removal of service, finding the penalty imposed was shockingly disproportionate to the misconduct, violating the principles of natural justice and the proportionality standar....
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