Jammu, April 06 (Legal Update):
In a significant ruling, Justice Sanjay Dhar, while hearing SWP No. 1059/2008, has set aside the dismissal of Amit Kumar, a Central Reserve Police Force (CRPF) constable who was removed from service nearly two decades ago.
The Court observed that the departmental authorities failed to adequately consider the constable’s medical condition and did not adhere to the principles of natural justice during the inquiry proceedings. It was noted that the decision to dismiss the constable was taken without ensuring a fair and proper evaluation of the circumstances surrounding the case.
Terming the inquiry process as flawed, the Court held that the action of the authorities was unsustainable in law. Accordingly, the dismissal order has been quashed.
The judgment underscores the importance of following due process and upholding natural justice in departmental inquiries, particularly in cases involving service-related medical issues.
Further directions in the matter, if any, are awaited.
