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Showing posts with the label Patna High Court JudgmentCISF Disciplinary ActionArticle 14 Constitution of IndiaArticle 21 Constitution of IndiaService Law IndiaNatural Justice PrinciplesCompulsory Retirement CaseDeo Narayan Singh

Too Harsh for the Offence”: Patna High Court Quashes Compulsory Retirement of CISF Constable.

“Too Harsh for the Offence”: Patna High Court  Introduction In a significant ruling that upholds the values of fairness and natural justice, the Patna High Court recently set aside a disciplinary order that had compulsorily retired a CISF constable. The Court, led by Justice Purnendu Singh, ruled that the punishment was disproportionate to the charges and lacked procedural fairness, thus violating the fundamental rights guaranteed under Articles 14 and 21 of the Constitution of India. Background of the Case Deo Narayan Singh, a constable with the Central Industrial Security Force (CISF) stationed at Dhanbad, found himself at the receiving end of a harsh disciplinary action. On 4th September 2010, Singh was served a charge memo under Rule 36 of the CISF Rules (2001, amended in 2007). The charges stemmed from a complaint made by Sahdeo Thakur, a loading clerk, alleging that Singh was involved in a scuffle during duty hours and was absent from his post. Three main cha...