Supreme Court of India · 2006-10-12
UNION OF INDIA vs DWARKA PRASAD TIWARI
- Citation / case number
- SC 2005/21910
- Court
- Supreme Court of India
- Petitioner
- UNION OF INDIA
- Respondent
- DWARKA PRASAD TIWARI
- Author
- ARIJIT PASAYAT
- Bench
- LOKESHWAR SINGH PANTA ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court upheld the Madhya Pradesh High Court's decision to set aside the dismissal of Dwarka Prasad from the Central Reserve Police Force under Rule 27(a)(i) of the Central Reserve Police Force Rules, 1955. The Court found that the punishment was disproportionate to the misconduct, which involved a single instance of unauthorized firing. The Court directed reinstatement with continuity of service, emphasizing the need for fair consideration of the employee's defense and circumstances.