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october 2011

Supreme Court of India · 2011-10-20

COMMANDANT vs SURINDER KUMAR

Citation / case number
SC 2004/9764
Court
Supreme Court of India
Petitioner
COMMANDANT
Respondent
SURINDER KUMAR
Author
A. K. PATNAIK
Bench
A.K. PATNAIK P. SATHASIVAM

Judgment text excerpt

The Supreme Court examined the validity of the dismissal of a CRPF constable under Section 12(1) of the Central Reserve Police Force Act, 1949, following a conviction for a less heinous offence under Section 10(n). The Court held that the punishment of dismissal was disproportionate to the offence, which warranted only a minor penalty, and directed the authorities to reconsider the punishment and grant consequential benefits to the respondent. The judgment emphasized the need for proportionality in disciplinary actions within service law contexts.

COMMANDANT vs SURINDER KUMAR · Niyam