Officer's Inablity To Stop Assailant Despite Being Armed Showed Incapability To Continue As Member Of CRPF: J&K HC Upholds Dismissal Order
1 month, 1 week ago

Officer's Inablity To Stop Assailant Despite Being Armed Showed Incapability To Continue As Member Of CRPF: J&K HC Upholds Dismissal Order

Live Law  

The J&K High Court has ruled that an army personnel's negligence in discharging their duties justifies the dismissal from the services, even if they are in the initial years of their service. The court observed that the Appellant's inability to stop or neutralize the assailant, despite being armed and in a position to do so, reveals that he was incapable of continuing as a member of the Armed Force in the Union, as he lacked the requisite resolve to act with decisiveness when faced with such adversity. A bench of Justices Atul Sreedharan and Justice Rajesh Sekhri was hearing an appeal of the impugned order passed by the single bench, wherein the dismissal of the Appellant was confirmed. He was discharging his duty at the Chief Minister's Residence when a constable named Anand Kumar Singh opened fire upon a head constable and also injured the inspector before surrendering at the police station, Jammu.

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History of this topic

Employer Not Obligated To 'Launch Manhunt Across Globe For Absconding Employees': J&K High Court Upholds Dismissal Of CRPF Constable
8 months, 3 weeks ago

Employer Not Obligated To 'Launch Manhunt Across Globe For Absconding Employees': J&K High Court Upholds Dismissal Of CRPF Constable

Live Law  

Emphasising that an employer is not expected to launch a manhunt for an absconding employee across the globe the Jammu and Kashmir and Ladakh High Court has upheld the dismissal of a constable with the Central Reserve Police Force, who had challenged his termination from service. Trashing a contention that the Enquiry Officer has failed to follow the principles of …

Gauhati HC Orders Reinstatement Of CRPF Constable Terminated For Misrepresentation Of ST Status, SC Declines To Interfere
7 years, 9 months ago

Gauhati HC Orders Reinstatement Of CRPF Constable Terminated For Misrepresentation Of ST Status, SC Declines To Interfere

Live Law  

In a curious case which involves only determination of facts, the Centre appealed against a Gauhati High Court order directing it to reinstate a Central Reserve Police Force Constable, who was terminated, after a disciplinary proceeding, that he belonged to the OBC category and not to the Scheduled Tribe category. The Division Bench noted that nothing was brought on record …

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