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Issues:
1. Competency of the Additional Deputy Commissioner to impose punishment. 2. Validity of the show cause notice in law. 3. Proportionality of the punishment imposed. Competency of the Additional Deputy Commissioner to impose punishment: The appellant, a constable, was dismissed from service by the Additional Deputy Commissioner, which was challenged. The appellant contended that the Additional Deputy Commissioner lacked the authority to impose the punishment. The court analyzed the relevant provisions of the Delhi Police Act and Rules. It was established that the Additional Deputy Commissioner, being of the same rank as the Deputy Commissioner, had the power to dismiss a constable. The court referred to Section 19 of the General Clauses Act and Rule 4 of the Delhi Police Rules to support the authority of the Additional Deputy Commissioner to pass such orders. Validity of the show cause notice in law: The appellant argued that the show cause notice did not provide reasons for disagreeing with the inquiry officer's conclusions, rendering it invalid. The court acknowledged that the notice lacked specific reasons for disagreement, which could prejudice the delinquent officer. However, since only one charge of using abusive language was partially accepted, the court found the notice not vitiated by an error of law in this case. The court emphasized the importance of providing specific reasons in the show cause notice for effective representation by the delinquent officer. Proportionality of the punishment imposed: The court assessed whether the punishment of dismissal from service was proportionate to the offense of using abusive language. It emphasized that each case must be considered based on its unique circumstances. The court concluded that dismissal was harsh and disproportionate in this case. Instead, it directed the imposition of a lesser punishment of stoppage of two increments with cumulative effect. The court held that the appellant was not entitled to back wages but should receive other consequential benefits. In conclusion, the Supreme Court allowed the appeal, setting aside the dismissal order and directing the imposition of a lesser punishment. The court emphasized the importance of proportionality in disciplinary actions and highlighted the need for specific reasons in show cause notices to ensure fairness in disciplinary proceedings.
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