Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: Central Reserve Police Force Rules-Rule 27- |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law:Central Reserve Police Force Rules - Rule 27 - Departmental inquiry - Initiation of second inquiry after dismissing the delinquent from service having found that charges partially proved against him in the first inquiry - Sustainability of - Held: Not sustainable - Once a departmental proceeding has been initiated, same must be brought to its logical end - Finding is to be arrived at whether delinquent was guilty of charges leveled or not - In view of the fact that long time has elapsed and that the disciplinary Authority misdirected itself by not complying with Rule 27, in exercise of discretionary jurisdiction, delinquent to be reinstated in service - However, since the delinquent did not approach High Court against alleged misconduct within reasonable time, delinquent denied back wages - Constitution of India, 1950 - Article 142.Appellant, a constable in CRPF remained unauthorisedly absent and was sentenced to seven days confinement to Civil Lines. Thereafter, disciplinary proceeding was initiated against the appellant and he was sentenced to ten days confinement in Civil Lines. However, he refused to comply with the same and another disciplinary proceeding was initiated against him. Charges levelled against him were partially proved and he was dismissed from service but another disciplinary proceeding was directed to be initiated. Appellant filed appeal against dismissal order and the same was dismissed. Both the Writ Petition as well as the appeal was dismissed on the ground of long delay. Hence the present appeal. |
Judge | Hon'ble Mr. Justice Navin Sinha |
Neutral Citation | 2007 INSC 973 |
Petitioner | Kanailal Bera |
Respondent | Union Of India And Ors. |
SCR | [2007] 10 S.C.R. 612 |
Judgement Date | 2007-09-24 |
Case Number | 4493 |
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