MANU/SC/0446/2022

True Court CopyTM English

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 2754 of 2022 (Arising out of SLP (C) No. 26402 of 2019)

Decided On: 05.04.2022

Appellants: Union of India (UOI) and Ors. Vs. Respondent: Dilip Kumar Mallick

Hon'ble Judges/Coram:
Dinesh Maheshwari and M.M. Sundresh

ORDER

Dinesh Maheshwari, J.

1. Leave granted.

2. The challenge herein is to the judgment and order dated 25.03.2019 in Writ Appeal No. 223 of 2018, whereby the Division Bench of the High Court of Orissa at Cuttack, in partial disapproval of the order dated 10.04.2018 passed by the learned Single Judge of the High Court in Writ Petition(C) No. 24085 of 2018, interfered with the punishment of removal from service, as awarded to the Respondent; and directed the present Appellants to impose 'any lesser punishment as deemed just and proper'.

3. The only question for consideration in this appeal is, as to whether the Division Bench of the High Court was justified in interfering with the quantum of punishment awarded to the Respondent? The background aspects may be noticed to the extent relevant for the present purpose.

4. In the year 2003, the Respondent was appointed under the Central Reserve Police Force ('CRPF') Group Centre, Bhubaneswar. While continuing in service, a departmental inquiry was initiated against him on the allegations that though he was involved in Kendrapara Police Station Case No. 349 dated 26.09.2001 for the offences punishable Under Sections 341, 323, 294, 337, 506 read with Section 34 of the Indian Penal Code and was charge-sheeted for the said offences on 01.12.2001; and though the said criminal case was pending before the competent Court but, while filling up the verification roll, he suppressed/concealed the said fact and such an act was prejudicial to the discipline of CRPF. The Respondent participated in the inquiry and ultimately, he was awarded the punishment of removal by the Disciplinary Authority. The appeal taken by the Respondent was also dismissed by the Appellate Authority on 31.07.2009.

5. However, on 02.02.2012, a writ petition filed by the Respondent bearing No. 14945 of 2009 was allowed by the High Court to the extent that the Appellate Authority was directed to reconsider the appeal within two months in light of the judgment of this Court in the case of Commissioner of Police and Ors. v. Sandeep Kumar   MANU/SC/0251/2011 : (2011) 4 SCC 644. The Appellate Authority, thereafter, passed a fresh order on 22.08.2012, again dismissing the appeal and declining to interfere with the decision of the Disciplinary Authority. The Respondent again approached the High Court by way of the writ petition leading to the present appeal, being W.P.(C) No. 24085 of 2012.

6. The plea taken by the present Respondent before the learned Single Judge in this writ petition was that, he had not suppressed any information so as to be held guilty in disciplinary proceedings. In respect of the particular column in the ........