Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Central Industrial Security Force Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Service Law: Central Industrial Security Force Rules, 2001 : r. 32 – Disciplinary Authorities – Local police intercepted a truck loaded with copper wires outside the port premises and informed CISF that the copper wires had been removed from the scrap Port, in the duration when the respondent-constable was on duty – Respondent placed under suspension and charge sheeted for the act of negligence and various delinquencies – Disciplinary Authority imposed a penalty of dismissal from service, which was confirmed by appellate and revisional authority – High Court converted the punishment of dismissal to compulsory retirement – Division Bench directed reinstatement of the respondent with full back wages and further directed the disciplinary authority to issue a fresh order of punishment in respect of the respondent in commensurate to his negligence and dereliction of duty – On appeal, held: Being fact finding authorities, both the Disciplinary Authority and the Appellate Authority are vested with the exclusive power to examine the evidence forming part of the inquiry report – On finding the evidence to be adequate and reliable during the departmental inquiry, the Disciplinary Authority has the discretion to impose appropriate punishment on the delinquent employee keeping in mind the gravity of the misconduct – In exercise of powers of judicial review, the High Court/tribunal cannot ordinarily re-appreciate the evidence to arrive at its own conclusion in respect of the penalty imposed unless and until the punishment imposed is so disproportionate to the offence that it would shock the conscience – Both the Single Judge as well as the Division Bench, erred by setting aside the order of dismissal from service imposed on the respondent, thus, the judgment passed by the High Court is set aside, while that of the Disciplinary Authority as upheld by the Appellate Authority and the Revisional Authority is restored. |
Judge | Hon'ble Ms. Justice Hima Kohli |
Neutral Citation | 2022 INSC 1221 |
Petitioner | Union Of India And Others |
Respondent | Subrata Nath |
SCR | [2022] 18 S.C.R. 605 |
Judgement Date | 2022-11-23 |
Case Number | 7939 |
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