Excelsior Correspondent
JAMMU, Feb 11: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Justice Atul Sreedharan and Justice Rajesh Sekhri, while upholding the dismissal of CRPF jawan, observed that inability to stop or neutralize the assailant made him incapable of continuing as a member of the Armed Force.
After hearing Senior Advocate Surinder Kour for the appellant whereas DSGI Vishal Sharma for the Union of India, the DB observed refused to interfere with the order of the Single Bench noting that the same was passed after duly perusing the records of the inquiry, which revealed no violation of natural justice or any material suggesting that the appellant was not negligent.
“Punishment of dismissing the army personnel from services due to negligence in disposing of the duties in an insurgency-affected area, cannot be considered disproportionate. Merely because the appellant was only in the second year of his service is no reason to be charitable to him”, the DB said.
Accordingly, DB dismissed the appeal.
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