Search Results Page
Search Results
1 - 4 of 4 (0.18 seconds)Article 227 in Constitution of India [Constitution]
Krushnakant B. Parmar vs Union Of India & Anr on 15 February, 2012
8. Per contra, the respondent submits that except for
the absence from 11.01.2017 to 15.03.2022 i.e., for a period of
more than five years, there has been no blemish in his record. It
is submitted that as his absence was for reasons beyond his
control. He voluntarily admitted the same without contesting the
allegations, in the fond hope of being continued in service, and
-6-
NC: 2026:KHC-D:2846-DB
WP No. 106139 of 2024
HC-KAR
that he genuinely intended to serve the police force honestly to
the best of his ability. It is submitted that the facts disclose that
the unauthorised absence was not willful. It is also submitted
that the respondent was not heard before imposing the major
penalty of compulsory retirement. Reliance is placed upon the
judgment of the Apex Court in the case of Krushnakant B.
Parmar Vs. Union of India & Anr.1, wherein at paragraph
Nos.14 to 22 it has been held as under:
M.V. Bijlani vs Union Of India & Ors on 5 April, 2006
21. The question relating to jurisdiction of the Court in
judicial review in a Departmental proceeding fell for
consideration before this Court in M.B. Bijlani vs. Union of
India and others reported in (2006) 5 SCC 88 wherein this
Court held:
1