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october 2006

Supreme Court of India · 2006-10-12

Union Of India & Ors vs Dwarka Prasad Tiwari

Citation / case number
AIR 2007 SC (SUPP) 1903
Court
Supreme Court of India
Petitioner
Union Of India & Ors
Respondent
Dwarka Prasad Tiwari
Author
Arijit Pasayat
Bench
Arijit Pasayat, Lokeshwar Singh Panta

Judgment text excerpt

The Supreme Court upheld the Madhya Pradesh High Court's decision to set aside the dismissal of Dwarka Prasad, a constable in the CRPF, under Rule 27(a)(i) of the Central Reserve Police Force Rules, 1955, finding the punishment disproportionate to the misconduct of firing a weapon without orders. The Court emphasized that the disciplinary authorities failed to adequately consider the respondent's defense and circumstances, leading to a shockingly harsh penalty. The Court affirmed the High Court's order for reinstatement with continuity of service and full salary from the date of judgment, but without back wages.

Union Of India & Ors vs Dwarka Prasad Tiwari · Niyam