Supreme Court of India · 2024-05-08
Union Of India vs Santosh Kumar Tiwari
- Citation / case number
- 2024 INSC 392
- Court
- Supreme Court of India
- Petitioner
- Union Of India
- Respondent
- Santosh Kumar Tiwari
- Author
- D. Y. Chandrachud
- Bench
- D. Y. Chandrachud
Judgment text excerpt
The Supreme Court upheld the High Court's decision that the punishment of compulsory retirement imposed on the respondent, a Head Constable in the Central Reserve Police Force, was not permissible under Section 11(1) of the Central Reserve Police Force Act, 1949. The Court emphasized that compulsory retirement is not listed among the punishments that can be awarded under the Act, thus necessitating a reconsideration of the disciplinary proceedings. The Court affirmed the High Court's order to remand the matter back to the Disciplinary Authority for a fresh decision on punishment, ensuring the respondent's position is restored pending the outcome.