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.