Supreme Court · 2023 INSC 802 · Decided 5 September 2023
Union of India & Others v. Jogeshwar Swain
- Court
- Supreme Court of India
- Citation
- 2023 INSC 802 · [2023] 12 S.C.R. 117
- Case number
- CIVIL APPEAL No. 8629/2014
- Decided
- 5 September 2023
- Bench
- J.B. PARDIWALA, MANOJ MISRA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Evidence Act Section 145; Constitution Article 136
Headnote
HEADNOTES Issue for consideration: Whether the High Court was justifi ed in setting aside the dismissal order of the constable found guilty of misconduct, since it was vitiated by infraction of the prescribed procedure as also was based on no evidence. Service Law - Border Security Border Security Force Rules, 1969 - rr. 49(3), 142(2) - Dismissal from service - Plea of guilty - Procedural safeguards u/r. 142(2) - Non-compliance of - Allegations against Border Security Force constable of clicking the photographs of lady doctor while
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