Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | unkenness and misbehavior with public Writ petition filed Dimissal dismissed Service Law dismissalconverted to compulsory retirement on appeal Constable order of division bench set aside no justification for the High Court to interfere with the order of dismissal |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law – Dismissal – Respondent joined service as Constable – Dismissal from service for misconduct on charge of drunkenness and misbehavior with public – Writ petition filed by the respondent – Relegated to the remedy of statutory appeal – Appeal filed by the respondent before Inspector General of Police, which was dismissed – Revision – Dismissed by the Additional Director General of Police – Writ petition there against filed by the respondent – Dismissed by Single Judge – Division Bench of the High Court allowed the appeal by the respondent directing that the dismissal be converted to compulsory retirement – Held: Having regard to the seriousness of the charge of misconduct and the fact that the respondent was a member of the police service, no justification for the High Court to interfere with the order of dismissal – Single Judge justified in dismissing the writ petition – Order of the Single Judge did not suffer from any error of fact or law – Order of the Division Bench set aside. Respondent joined the police service as Constable. He was dismissed from the service for misconduct on charge of drunkenness and misbehavior with public. Writ petition filed by the respondent. High Court relegated him to the remedy of statutory appeal. Appeal filed by the respondent before the Inspector General of Police, was dismissed. Revision was dismissed by the Additional Director General of Police. Writ petition filed by the respondent challenging the said order, was dismissed by Single Judge of the High Court. Division Bench allowed the appeal by the respondent, directing that the dismissal of the respondent be converted to compulsory retirement. Hence, the present appeal. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2019 INSC 379 |
Petitioner | State Of Uttarakhand And Ors. |
Respondent | Prem Ram |
SCR | [2019] 5 S.C.R. 495 |
Judgement Date | 2019-03-15 |
Case Number | 3152 |
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