Q: Describe the relevancy of citation Col Anil Kumar Gupta vs Union Of India Ministry Of Defence on 7 November, 2022 with present case ?

Ans:

Col Anil Kumar Gupta vs Union Of India Ministry Of Defence on 7 November, 2022

 The honourable Supreme Court hasten to add that as per the well settled legal position 1, the power of judicial review in the matter of disciplinary proceedings is extremely limited. It is circumscribed by the limits of correcting errors of law or procedural errors leading to manifest injustice or violation of principles of natural justice. The power of judicial review is an evaluation of the decision-making process and not of the merits of the decision itself. It is therefore clarified that the disciplinary proceedings initiated against the appellant pursuant to the chargesheet issued on 19.11.2018 shall continue in accordance with law.

Relevancy with our case: The honourable Supreme Court has accepted that there was the violation of principles of natural justice due to the binding rules of law which should not happen in the above case of 
Col Anil Kumar Gupta vs Union Of India Ministry Of Defence on 7 November, 2022 , and thus in our case also due to binding rules of law, the injustice happened with the bsf personnel who fired in bushes in excitement of patriotism, and thus his harsh punishment should be quashed and he should be reinstated.

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