AWADESH PANDEY Vs. UNION OF INDIA

JUDGEMENT

(1.) The order dated 17.10.1992 (Annexure-1 to the writ petition) imposing a penalty of dismissal from service and the order dated 18.12.1993 (Annexure-3 to the writ petition) dismissing the appeal of the petitioner were challenged in this writ petition.

(2.) Learned counsel for the petitioner contended that the charge levelled against the petitioner being of not serious In nature, the extreme punishment of dismissal from service is grossly disproportionate. Reference was made to the charge levelled against the petitioner as contained in the charge-sheet (Annexure-1 to the rejoinder-affidavit). It is contended that from the materials available on record, it is apparent that the petitioner could not respond to the order to 'fall in' on the first call and thereafter the petitioner came to the spot after four or five minutes and also replied to the queries of Company Commander. It is stated that in view of the aforesaid facts, the charge itself was not very serious which could result In dismissal from service.

(3.) Learned counsel for the respondents contended that the petitioner being a member of disciplined force could not disobey the order of his superior officers and, therefore, in the facts of the case, the offence was serious and the Impugned order of dismissal was Justified.