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M. V. MURALIDARAN
Om Dutta Sharma – Appellant
Versus
Union of India – Respondent
JUDGMENT
1. This writ petition has been filed by the petitioner seeking to quash the impugned order dated 1.5.2017 imposing a punishment of censure on the petitioner.
2. Briefly stated case of the petitioner is as follows:
The petitioner was initially joined the services of Assam Rifles as Lance Naik Writer/Clerk in the year 1993 and subsequently, reached to the rank of Deputy Commandant with effect from 1.4.2014. During the service from the status of Lance Naik Writer/Clerk, the petitioner has been serving at different difficult posting places where the service of the petitioner was appreciated by his superior. The petitioner has completed all the prescribed departmental examination required for consideration for promotion to the higher post.
2.1 A selection process of Assam Rifles Cadres Officers was held as part of FPU for deployment in UN Mission at Haiti by the authority of Assam Rifles HQ DGAR (Military Secretary Branch) in the year 2015 and in the said selection process, the petitioner was also provisionally selected along with the other eligible officers by the competent authority of Assam Rifles for deploying in the said UN Mission at Haiti vide order dated 22.2.2015. In the s
Non-supply of findings and opinion of the Court of Inquiry and influence by the Court of Inquiry with the officer complained against rendered the impugned censure order unsustainable.
The court affirmed the principle that judicial review of administrative actions in disciplinary processes is limited to procedural correctness, not evidential review, and mandated reconsideration of ....
The court emphasized the importance of adhering to procedural fairness in conducting inquiries and highlighted that the proportionality of punishment should be considered in light of the seriousness ....
Disciplinary proceedings are vitiated when authorities fail to comply with mandatory procedural rules, including the supply of enquiry reports to the delinquent officer. Reliance on findings from inq....
Disciplinary action necessitates adherence to statutory rules, including providing a disagreement note when diverging from inquiry findings, as failure to do so violates principles of natural justice....
The failure to furnish an enquiry report to an employee before the imposition of a penalty and the enquiry officer assuming the dual role of judge and prosecutor are violations of natural justice tha....
The disciplinary authority must provide reasons for disagreeing with an Inquiry Officer's findings to uphold natural justice.
The main legal point established in the judgment is that the respondents followed the provisions of the CRPF Act and Rules in conducting the inquiry and imposing the punishment on the petitioner.
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