Back
H. S. THANGKHIEW
BNC/947 Shri Joyous Dura – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT
1. The writ petitioner herein who was serving as a Constable at the 1st Battalion of the Meghalaya Police (MLP) was initially suspended for producing an alleged fake medical certificate, for which a criminal case has been instituted and the same is pending.
2. It appears that in the Departmental Proceedings that was taken up, the petitioner was then removed from service w.e.f. 12.01.2016 on the orders of the Disciplinary authorities based on the enquiry report. An appeal was thereafter preferred by the writ petitioner, which also came to be dismissed by order dated 20.06.2016.
3. Mr. H.R. Nath, learned counsel submits that the petitioner is aggrieved with the impugned order, inasmuch as, the same had been passed without affording the writ petitioner adequate opportunity to defend himself, and further submits that the materials that were relied upon, were not supplied to him. He therefore, submits that the proceedings being vitiated and in violation of the principles of natural justice are liable to be interfered with by this Court.
4. Mr. N.D. Chullai, learned AAG assisted by Ms. A. Thungwa, learned GA for the respondents, however has refuted the submissions made by the learne
The court does not sit in appeal over the findings of the disciplinary authorities and its only exercise is to discern if there were any irregularities in the proceedings which need to be corrected.
The court established that adherence to procedural fairness in disciplinary proceedings is essential, but the strict rules of evidence do not apply, allowing for a degree of flexibility in the enforc....
Verification of the genuineness of the subsequent caste certificate and imposition of proportionate punishment in accordance with the CRPF Act, 1949.
Termination upheld as lawful due to prolonged unauthorized absence and failure to substantiate claims of illness, despite claims of procedural violations.
The decision to remove an employee from service may not be vitiated by the non-supply of relevant documents or the second show cause notice if the employee is aware of the allegations and there is no....
Failure to address an allegation as part of a strategy can impact the court's decision and lead to dismissal of the petition.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
