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october 2011

Supreme Court of India · 2011-10-20

Commandant & Ors vs Surinder Kumar

Court
Supreme Court of India
Petitioner
Commandant & Ors
Respondent
Surinder Kumar
Author
A. K. Patnaik
Bench
A. K. Patnaik, P. Sathasivam

Judgment text excerpt

The Supreme Court analyzed the dismissal of a CRPF constable under Section 10(n) of the Central Reserve Police Force Act, 1949, who was found guilty of a less heinous offence and sentenced to imprisonment till the rising of the court. The Court held that the punishment of dismissal was disproportionate to the offence committed, emphasizing that dismissal should not follow a minor conviction. The Court directed the authorities to reconsider the nature and quantum of punishment, thereby upholding the principle of proportionality in disciplinary actions.

Commandant & Ors vs Surinder Kumar · Niyam