In this writ petition, the Delhi HC did not interfere with the petitioner's removal from service due to gross misconduct but directed the respondent to consider granting compassionate allowance considering over 10 years of prior service.
Direction to the respondent to decide on the grant of compassionate allowance within 4 weeks.
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EX CONSTABLE RAJBIR SINGH ..... Petitioner Through: Mr. Shanker Raju with Mr. Nilansh Gaur, Advs. versus UNION OF INDIA & ORS ..... Respondent Through: Ms. Rashmi Chopra with Ms. Asiya Anand, Advs.
CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MS. JUSTICE JYOTI SINGH
O R D E R % 11.12.2018 1. The petitioner has preferred the present writ petition to assail the order dated 12.12.2017 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (the Tribunal) in O.A. No.617/2000. The Tribunal has dismissed the said Original Application preferred by the petitioner wherein he had assailed the dismissal from service vide order dated 10.05.1996 apart from challenging the charge sheet issued to him, the inquiry report and the order of the Appellate Authority dated 11.08.1995.
dismissal was passed against him on 14.06.1989. He preferred an Original Application before the Tribunal. The Tribunal held that the aspect of punishment may be reconsidered since the same appeared to be harsh and disproportionate. Consequently, the matter was reconsidered and an order dated 29.12.1994 was passed. The punishment imposed upon the petitioner, primarily, was forfeiture of the past service of the petitioner with its consequences.
respondents for grant of Compassionate Allowance under Rule 41 of the CCS Pension Rules in the light of the judgment of the Supreme Court in Mahinder Dutt Sharma v. U.O.I & Ors, (2014)11 SCC 684.
VIPIN SANGHI, J
JYOTI SINGH, J
DECEMBER 11, 2018 N.Khanna
2 issues framed by the court
Whether the petitioner is entitled to compassionate allowance under Rule 41 of the CCS Pension Rules given over 10 years of service prior to misconduct?
Whether the High Court should interfere with the removal order imposed for unauthorized absence of 11 months?
Colour shows how this judgement treated each authority
Mahinder Dutt Sharma v. U.O.I & OrsFollowed¶13
Mahinder Dutt Sharma v. U.O.I & Ors, (2014)11 SCC 684 · Who else cites this
1 provisions across 1 enactments
RAJBIR SINGH
UNION OF INDIA
VIPIN SANGHI
JYOTI SINGH
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
