VIJAYBHAI SOLANKI Vs. UNION OF INDIA

JUDGEMENT

(1.) At the time of admission of the present petition, this was argued that the appointing authority and the authority passing order of removal are not proper authorities because the punishing authority is lower authority. But at the time of arguments, this was clearly conceded that the punishment of removal was passed by the authority of the same cadre as per the Rules and the Act.

(2.) The petitioner was an employee of the CISF. He was charge-sheeted. One of the charges was insubordination which was held proved.

(3.) In disciplined cadre, like CISF, if insubordination is charged and that is held proved then dismissal is only penalty that can be awarded, because insubordination cannot be countenanced in the uniformed services which are required to be disciplined.