SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2016 Supreme(Megh) 126

DINESH MAHESHWARI, VED PRAKASH VAISH
Union Of India – Appellant
Versus
Puran Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri R. Deb Nath, Advocate
For the Respondent:Shri B.K. Deb Roy, Advocate

JUDGMENT :

Dinesh Maheshwari, J.

This intra-court appeal is directed against the order dated 13.06.2014 as passed in WP(C) No.121 of 2013 whereby, the learned Single Judge of this Court has found the punishment awarded to the writ petitioner/respondent, of removal from service under Section 11 (1) of the Central Reserve Police Force Act, 1949 [hereinafter referred to as the CRPF Act] to be impermissible in law, for being that of major punishment; and unjustified too, for being disproportionate to the alleged delinquency.

2. Having heard learned counsel for the parties and having perused the material placed on record, when we find that the learned Single Judge has overlooked the statutory provisions as also the binding decision of the Hon’ble Supreme Court; and has not examined the relevant grounds of challenge by the writ petitioner in the correct perspective, it appears just and proper that the matter be remanded for re-consideration. Thus, when the matter is proposed to be remanded for re-consideration, only a brief reference to the relevant background aspects would suffice.

3. The writ petitioner (respondent herein) was serving as Constable in the Central Reserve Police Force [CRPF]

                  Click Here to Read the rest of this document
                  1
                  2
                  3
                  4
                  5
                  6
                  7
                  8
                  9
                  10
                  11
                  SupremeToday Portrait Ad
                  supreme today icon
                  logo-black

                  An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

                  Please visit our Training & Support
                  Center or Contact Us for assistance

                  qr

                  Scan Me!

                  India’s Legal research and Law Firm App, Download now!

                  For Daily Legal Updates, Join us on :

                  whatsapp-icon telegram-icon
                  whatsapp-icon Back to top