Supreme Court of India
Union of India & Ors. v. Const Sunil Kumar
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What the Court ordered
In view of the above and for the reasons stated above the present appeal succeeds.
Judgment, page 8
From the headnote
Service law – Dismissal from service – Allegation t hat respondent consumed liquor while on duty and threate ned senior officers – CRPF dismissed the respondent from servi ce – Order confirmed by the Appellate Authority – Single Judge of the High Court dismissed the writ petition filed by the respondent – However, the Division Bench of the High Court reinstated the responden t – It held that dismissal was disproportionate as when the misconduct was committed the respondent was not on active duty – On appeal, held: The charges and misconduct proved against the respondent was of misbehaving
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