THE COMMANDANT, 22 BATTALION, CRPF SRINAGAR, C/O 56/APO & ORS. versus SURINDER KUMAR

THE COMMANDANT, 22 BATTALION, CRPF SRINAGAR, C/O 56/APO & ORS. versus SURINDER KUMAR

Acts of indiscipline committed by respondent were sufficiently grave for a disciplined force, warranting dismissal from service under Section 12(1) of CRPF Act. The Division Bench should not have interfered as the punishment was not strikingly disproportionate.

Parties
Appellant: THE COMMANDANT, 22 BATTALION, CRPF SRINAGAR, C/O 56/APO & ORS.; Respondent: Surinder Kumar
Jurisdiction
India
Judgment Date
20 October 2011
Procedural Posture
Civil Appeal / Appeal From Division Bench Order of Jammu & Kashmir High Court
Outcome
Appeal allowed; impugned order of Division Bench set aside.
Legal Topics
Disproportionate Punishment, Judicial Review of Disciplinary Action, CRPF Act Interpretation
Service Law Disciplinary Proceedings Disproportionate Punishment Judicial Review of Disciplinary Action CRPF Act Interpretation

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Parties

THE COMMANDANT, 22 BATTALION, CRPF SRINAGAR, C/O 56/APO & ORS.

Appellant

Surinder Kumar

Respondent

Procedural Posture

Civil Appeal / Appeal From Division Bench Order of Jammu & Kashmir High Court

Legal Issues

  1. 1 Whether dismissal from service for less heinous offences under CRPF Act, 1949 is disproportionate?
  2. 2 Scope of judicial review on disciplinary punishment under Article 226 of Constitution

Ratio Decidendi

Acts of indiscipline committed by respondent were sufficiently grave for a disciplined force, warranting dismissal from service under Section 12(1) of CRPF Act. The Division Bench should not have interfered as the punishment was not strikingly disproportionate.

Court Disposition

Appeal allowed; impugned order of Division Bench set aside.

Orders

  • The order of the Division Bench of Jammu & Kashmir High Court dated 12.2.2004 is set aside.
  • Respondent's dismissal from service is upheld.