Supreme Court · 2023 INSC 55 · Decided 19 January 2023
Union of India & ORS. v. Const Sunil Kumar
- Court
- Supreme Court of India
- Citation
- 2023 INSC 55 · [2023] 1 S.C.R. 961
- Case number
- CIVIL APPEAL No. 219/2023
- Decided
- 19 January 2023
- Bench
- M.R. SHAH, C.T. RAVIKUMAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 226
Headnote
Service law - Dismissal from service - Allegation that respondent consumed liquor while on duty and threatened senior officers - CRPF dismissed the respondent from service - Order confirmed by the Appellate Authority - Single Judge of the High Court dismissed the writ the High Court reinstated the respondent - 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 with superior and giving
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