legal and justified because the appellant had been found guilty
of misconduct. It was further pleaded that the inquiry was held in
consonance with
India
Services (Discipline and Appeal) Rules, 1969 for his alleged
misconducts during his tenure in BSF, North Bengal, on the following
counts :-
(i) Indulged ... capacity as a prescribed
officer and thus, it clearly established the misconduct on the part of
the appellant and the charge stood proved against
petitioner by issuing a charge sheet on 24th September,
2002 alleging the misconduct of unauthorised absence from
duty.
From the records, we find that ... Force earlier
attached to Katwa P.S. are hereby charged
with gross misconduct and dereliction of
duty unbecoming of a member of police force
apology. They also gave undertaking that they would not
commit any such misconduct in future. The enquiry officer recording
this, forwarded his report ... that the respondents
were also willing to tender unconditional apologies for their
misconduct with assurance that they would not repeat the same and
would
penalty of removal
imposed upon the appellant is disproportionate to the
misconduct. However, in the Letters Patent Appeal, a draft
amendment was moved ... ground that the
acts committed by the appellant did not constitute
misconduct. The application for amendment was rejected.
3. We may very briefly notice
Appellant was however
given the opportunity to prove the misconduct in the Tribunal. The
appellant filed the affidavit of the officers concerned and they were ... since the Tribunal had otherwise held that the misconduct had been proved.
Learned counsel for the appellant Mr. Puneet Jain, drew our attention
passed, imposing the penalty of ‘removal’ from the
service for the said misconduct. Departmental Appeal filed by the
respondent was also dismissed by the Appellate ... from service to
be disproportionate to the nature and gravity of his misconduct. Thus, -
invoking the doctrine of proportionality, the High Court has directed
reinstatement
from the table. The
appellant was, in the above circumstances, charged with misconduct. The
charge read as under:
“I, Inspr. Anil Dureja, DE Cell. Delhi ... made irrelevant
transmission on District No at 0130 hrs which aggravated your
misconduct.
The above act of misbeaviour and misconduct on the part
that absence from duty did not amount to the gravest act of misconduct. It
was neither deliberate nor intentional. The matter attained finality and
remained ... explained that as a result of cumulative effect of continued
misconduct proving incorrigibility and complete unfitness for police service,
the petitioner was dismissed from service
there is no direct evidence on record to
prove any forgery or misconduct on behalf of the Appellant. PW10 and
PW12 have clearly stated that ... explanation to Section 464 IPC. By the acts of the Appellants,
criminal misconduct, as contemplated under Section