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GURPAL SINGH AHLUWALIA
Mahesh Singh Sikarwar – Appellant
Versus
Union of India – Respondent
ORDER
1. This petition under Article 226 of Constitution of India has been filed seeking following reliefs. :--
“The humble petitioner most respectfully prays that the present petition may kindly be allowed with costs by issuing a Writ, Order or Direction to the respondents, quashing the order of punishment of removal from service, Annexure P/1, dated 17 July, 2007, issued by respondent No.3.
Any other relief, which this Hon’ble Court deems fit in the facts of the case, may also kindly be granted including the costs of the petition in favour of the petitioner in the interest of justice.”
2. It is the case of the petitioner that charge-sheet was issued on four different charges. A departmental enquiry was conducted. The charges No. 1, 2 and 4 were not found to be proved, whereas, charge No. 3 was found to be partially proved. Accordingly, a show cause notice was issued along with enquiry report and the Commandant/Disciplinary Authority vide order dated 29.7.2006 imposed the punishment of censure. Thereafter, a show-cause notice was issued by the DIG, CRPF, Neemuch dated 7.5.2007 t
The main legal point established in the judgment is that the authority to enhance punishment under Rule 29(d) of the Central Reserve Police Force Rules/Regulations/Scheme, 1955 is not applicable with....
The main legal point established in the judgment is that disciplinary orders must comply with the principles and provisions of the applicable rules and regulations, including the requirement for vali....
The revisional authority's power must be exercised within the prescribed time limit; failure to do so renders the order void.
The revisional authority has the power to enhance punishment suo moto under CRPF Rules, and procedural fairness was upheld in the inquiry process.
As per Rule 27(a) of Rules of 1949, punishment of dismissal or removal from service including that of reduction to a lower stage in time scale of pay for a specific period can be imposed by Commandan....
The revisional authority must provide an opportunity for representation if proposing to enhance the penalty imposed by the order sought to be revised, as per Rule 29(1) of the Central Civil Services ....
The doctrine of constructive res-judicata applies when a party fails to challenge certain findings in a previous petition, and the court cannot interfere with the disciplinary authority's decision if....
A higher authority cannot enhance disciplinary penalties without an appeal from the employee, as procedural safeguards must be observed to ensure justice.
The main legal point established in the judgment is the requirement for fair and unbiased disciplinary proceedings, adherence to procedural rules, and the provision of a reasonable opportunity for de....
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