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SANJIB BANERJEE, W.DIENGDOH
A. Murali Krishna – Appellant
Versus
Union of India – Respondent
JUDGMENT :
SANJIB BANERJEE, J.
1. This appeal is utterly baseless and a complete waste of time by a recalcitrant erstwhile Border Security Force (BSF) employee. What is worse is the attempt on the appellants part to mislead the court.
2. The appellant has been dismissed from service after being found guilty on all four charges levelled against him. The writ petition was made out in such a manner that the papers pertaining to the first set of charges were appended to the writ petition, but the other papers were not. The impression that was sought to be given in the writ petition was that the writ petitioner admitted his guilt in respect of the two minor charges but there may not have been adjudication on the two major charges.
3. However, what is undeniable is that upon the writ petitioner being found guilty on admission on all four charges and being dismissed from service, he preferred a departmental appeal which was dealt with by an order dated May 11, 2017. A copy of the order is appended to the writ petition. Paragraph 2 of the appellate order, in so far as it summarizes the facts, is set out:
Scope of judicial review exercised in respect of matters of present kind, court cannot supplant its discretion in place of that which has been exercised by disciplinary authority unless exercise of d....
Point of Law - Dismissal of service - Charges proved - Limited scope under judicial review
The court's decision emphasized that unless the punishment imposed by the Disciplinary Authority shocks the conscience of the Court, there is no scope for interference, and that the Tribunal/Court ca....
The court upheld the dismissal of a disciplined force member for serious misconduct, affirming that the punishment was proportionate to the charges and consistent with judicial standards for discipli....
The court held that the difference in punishment was not discriminatory as the SSFC had taken into account the previous convictions of the petitioner, while the co-accused had no previous convictions....
The main legal point established in the judgment is the mandatory nature of the procedural requirements for recording the 'plea of guilty' and the need for fair trial guaranteed under the Border Secu....
The involvement of a prosecution witness as the "friend of the accused" in a disciplinary proceeding violates the principles of natural justice and renders the proceedings invalid.
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