CW-2002-0017Gandhinagar, GujaratJudgment 15 January 2002

[name withheld] vs P.K. Menon or his Successor-in-Office

The Gujarat High Court (Sharad D. Dave, J.) on 15 January 2002 rejected the writ petition of CRPF Constable and confirmed his dismissal from service ordered on 20 April 1988. He had pleaded guilty before the Assistant Commandant-cum-Judicial Magistrate to absence without leave in April 1988 and refusal to accept a suspension order, was convicted under Sections 10(m)/(n) of the CRPF Act and sentenced to 7 days rigorous imprisonment, then dismissed under Section 12(1). The court held no separate departmental inquiry was required where dismissal follows conviction, termed refusal of the suspension order grave misconduct, and declined to treat dismissal as disproportionate given armed-force discipline. No civilian victim is involved; this is an internal-indiscipline dismissal upheld on judicial review. Matters not addressed in the cited judgment text are not recorded here.

Externally reportedV2
What this record means

This page documents a court-adjudicated case from the judgment and cited sources below. Findings are attributed to the court; this record does not add findings of its own.

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Report card

By judgment dated 15 January 2002 in Special Civil Application No. 6711 of 1989, the Gujarat High Court (Coram: Sharad D. Dave, J.) upheld the disciplinary action taken against the Constable, Group Centre, CRPF, Gandhinagar.

Register number
GJ 18 CW 0001
Case reference
Special Civil Application No. 6711 of 1989 / (2002)2GLR1126
Court and date
Gujarat High Court (Coram: Sharad D. Dave, J.), 15 January 2002
Officer(s) at the material time
Constable, Group Centre, CRPF, Gandhinagar
Present service status
Recorded in the cited sources as dismissed from service.
Provisions invoked
Section 10(m) of the CRPF Act; Section 10(n) of the CRPF Act; Section 12(1) of the CRPF Act
Finding of the Court (extract)
“If the appellant was not keeping good health, he should have taken sick leave and should remain in the hospital. Later on, by not accepting the suspension order, he has committed grave misconduct.” (at para 17)
Verdict, sentence and quantum
Disciplinary action upheld. Sentence: dismissal.
Present status of the proceedings
No further proceedings are recorded in the cited sources; the judgment is the concluded position shown.

Compiled from the judgment and the cited sources. Findings are those of the court; this card adds none of its own.

The Gujarat High Court judgment dated 15 January 2002 is the concluded position shown in the cited sources.

Recorded allegations

1
OtherPrimary
Material fact supported

Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.

Official finding: supports allegation.

What the court found

Holding not recorded separately.

“If the appellant was not keeping good health, he should have taken sick leave and should remain in the hospital. Later on, by not accepting the suspension order, he has committed grave misconduct.” (para 17)

Institutional response

1
15 Jan 2002

Order issued

Concluded
Gujarat High Court External · Binding

The Gujarat High Court upheld service punishment imposed on police personnel.

Disciplinary action · Procedural only.
Source: (2002)2GLR1126
Not yet re-checked.

Follow-up history

1
19 Sep 2026

(Round-8 full re-verification: published record re-checked against the judgment text (outcome, officers, quote, key facts) plus methodology-compliance pass; skills-guided adversarial re-verification of the published record against the judgment text (reverify/t1-*/adversarial-8.jsonl))

Corrections (0): No corrections recorded.

Review: Solo Staff combined review (one combined attestation) — not yet recorded.

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