Welcome back to Caseon!
Log in today and discover expertly curated legal audios and how our AI-powered, tailor-made responses can empower you to navigate the complexities of your case.
Stay ahead of the curve—don’t miss out on the insights that could transform your legal practice!
As per case facts, the Petitioner, a Haryana Police Constable, was implicated in an FIR, convicted for lesser offenses, and sentenced to rigorous imprisonment. He was dismissed from service, and
...his appeals and revisions were rejected. Citing parity with co-accused whose dismissals were converted to compulsory retirement, the Petitioner sought similar relief from the High Court. The question arose whether the Respondent could award punishment other than dismissal for a police officer sentenced to rigorous imprisonment exceeding one month, whether review under Rule 16.28 of PPR is maintainable against appellate or revisionary orders, and if the reviewing authority could remand the matter to a subordinate authority. Finally, the High Court thoroughly examined the relevant rules and judicial precedents, concluding that dismissal is indeed mandatory for rigorous imprisonment exceeding one month. Furthermore, it clarified that review under Rule 16.28 of PPR is strictly not maintainable against appellate or revisionary orders, and the reviewing authority lacks the inherent power to remand the matter back to a subordinate authority. Accordingly, the Writ Petition was dismissed.
Legal Notes
Add a Note....