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Supreme Court of India 2020-09-10 dismissed

Pravin Kumar vs Union of India and Ors

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

A paramilitary officer (CISF) employed at a petroleum facility was dismissed following disciplinary proceedings for corruption and misconduct including intimidation and forgery. The dismissal was upheld despite the CBI's decision not to file criminal charges. The Supreme Court held that judicial review examines procedural fairness and legality, not the merits of a disciplinary decision like an appellate court would. An employer can conduct independent disciplinary action regardless of criminal proceedings' outcome. For an officer specifically tasked with combating corruption, dismissal is a proportionate penalty when systematic corruption is proved. The Court emphasized that in paramilitary forces, integrity and discipline are paramount.

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Administrative Law Judicial Review Disciplinary Proceedings Corruption Paramilitary Service

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