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IN THE HIGH COURT AT CALCUTTA
MADHURESH PRASAD, PRASENJIT BISWAS
Sushanta Ghosh – Appellant
Versus
Union of India – Respondent
JUDGMENT :
MADHURESH PRASAD, J.
1. Heard the learned counsel for the parties.
2. The writ petitioner/appellant, a constable in the Central Industrial Security Force (hereinafter referred to as ‘CISF’), was visited with a penalty of dismissal from service pursuant to an enquiry. The dismissal order dated 24.07.2013 awarding the punishment of “removal from service” with immediate effect and certain consequential orders were put to challenge by the writ petitioner/appellant in the writ proceeding, which was dismissed on 05.01.2016 by the learned Single Judge. The order of the learned Single Judge is the subject matter of the present intra court appeal.
3. Early in the morning on 15.10.2012, the writ petitioner’s/appellant’s wife was found to have committed suicide by hanging herself on the ceiling fan hook in the appellant’s official quarter. The appellant/petitioner was, thus, served with an article of charge alleging a gross misdemeanor unbecoming of a member of the Force. It was alleged that petitioner subjected his wife to cruelty and harassment, due to which his wife committed suicide.
4. The charge memo is dated 10.12.2012. The enquiry was thus initiated. The enquiry officer conducte
The High Court does not act as an appellate authority in disciplinary matters and will not interfere with the quantum of punishment unless it is shocking to the conscience.
The punishment imposed in a disciplinary proceeding should not shock the conscience of the court and should be proportionate to the proven charge.
Disciplinary proceedings must adhere to principles of natural justice, ensuring the accused has the opportunity to present a defense, including access to relevant documents and witnesses.
The court emphasized the importance of maintaining discipline and the requirement to prove prejudice in cases of non-serving of enquiry report, affirming the authority's discretion in disciplinary pr....
In departmental proceedings, the standard of proof is based on the preponderance of probabilities, and the court will not interfere with the disciplinary authority's findings unless there is a clear ....
The dismissal of employees without a regular departmental enquiry and based solely on a preliminary enquiry was held to be arbitrary and unsustainable.
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