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HIGH COURT OF UTTARAKHAND
Manoj Kumar Tiwari, Subhash Upadhyay, JJ
Union Of India – Appellant
Versus
Head Constable / GD Vijay Pal Singh Of CISF Unit BHEL – Respondent
| Table of Content |
|---|
| 1. challenge to compulsory retirement order. (Para 1 , 2 , 3) |
| 2. requirement of inquiry before retirement. (Para 4 , 5 , 6) |
| 3. due process in disciplinary actions. (Para 7 , 8 , 9) |
| 4. final decision on the appeal. (Para 10) |
JUDGMENT
1. This intra-court appeal is filed by Union of India challenging the judgment and order dated 18.11.2014 passed by learned Single Judge in WPSS No. 768 of 2012. By the said judgment, writ petition filed by respondent, challenging order of his compulsory retirement, was set-aside on the ground that the said order was passed in violation of provision contained in Section 8 of the Central Industrial Security Force Act, 1968.
2. Operative portion of the impugned judgment dated 18.11.2014 is extracted below:-
“10. In view thereof, the writ petition is allowed. The two orders dated 26.02.2011, passed by the Commandant, CISF Unit BHEL, Haridwar and order dated 02.02.2012, passed by the Assistant Inspector General/Estt. being violative of Article
311(2) of the Constitution of India are hereby quashed.
11. A mandamus is hereby issued to the respondents to reinstate the petitioner in service forthwith.
12. Having made the above determination, it is however
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