IMPORTANT POINT
Punishment of dismissal/removal from service can be awarded only for acts of grave nature or as cumulative effect of continued misconduct proving incorrigibility of complete unfitness for police service.

Headnote:Delhi Police (Punishment and Appeal) Rules, 1980-Rules 8 and 10-Dismissal/Removal from service-Absence of appellant, a constable in police, from duty for 2 months and 07 days unauthorisedly-Whether punishment of removal from service was grossly disproportionate to alleged act of misconduct? Yes.
       Held : We are of the view that the punishment of dismissal/removal from service can be awarded only for the acts of grave nature or as cumulative effect of continued misconduct proving incorrigibility of complete unfitness for police service. Merely one incident of absence and that too because of bad health and valid and justified grounds/reasons cannot become basis for awarding such a punishment. We are, therefore, of the opinion that the decision of the disciplinary authority inflicting a penalty of removal from service is ultra vires of Rule 8(a) and 10 of the Delhi Police (Punishment & Appeals Rules, 1980) and is liable to be set aside. The appellant also does not have any other source of income and will not get any other job at this age and the stigma attached to him on account of the impugned punishment. As a result of not only he but his entire family totally dependant on him will be forced to starve. These are the mitigating circumstances which warrant that the punishment/order of the disciplinary authority is to be set aside. (Para 11)
       Thus, the present one is a case wherein we are satisfied that the punishment of removal from service imposed on the appellant is not only highly excessive and disproportionate but is also one which was not permissible to be imposed as per the Service Rules. Ordinarily we would have set aside the punishment and sent the matter back to the disciplinary authority for passing the order of punishment afresh in accordance with law and consistently with the principles laid down in the judgment. However, that would further lengthen the life of litigation. In view of the time already lost, we deem it proper to set aside the punishment of removal from service and instead direct the appellant to be reinstated in service subject to the condition that the period during which the appellant remained absent from duty and the period calculated upto the date on which the appellant reports back to duty pursuant to this judgment shall not be counted as a period spend on duty. The appellant shall not be entitled to any service benefits for this period. Looking at the nature of partial relief allowed hereby to the appellant, it is now not necessary to pass any order of punishment in the departmental proceedings in lieu of the punishment of removal from service which has been set aside. The appellant must report on duty within a period of six weeks from today to take benefit of this judgment. (Para 14)

JUDGMENT

Dr. AR. Lakshmanan, J.-Leave granted.

2. The above appeal was filed against the final judgment/order dated 16.3.2002 passed by the High Court of Delhi in C.W.P. No. 6261 of 1998. The main issue relates to the alleged unauthorised absence for 2 months and 8 days for which penalty of removal from service was imposed by the respondents on the appellant.

3. The appellant was recruited as a Constable in Delhi Police. While undergoing the prescribed training, the appellant fell down on the parade ground on 07.10.1994. Thereupon, he was sent to police dispensary as ordered by the Chief Drill Inspector of the parade. Since his condition did not improve, his relative took him to his home town in Gwalior. He remained under treatment of Government Doctors there and sent applications for leave on medical grounds supported with the medical certificates from competent medical authorities in accordance with the leave rules. The competent police authority passed an order on 16.1.1995 sanctioning leave without pay for the period of his illness from 7.10.1994 to 14.12.1994 as no other leave was due to him. According to the appellant since the competent authority had granted the leave, the question of issuing any charge sheet subsequently for unauthorised absence for the same period would not arise. On 15.11.1994, notice of termination from service was issued stating that his services shall stand terminated with effect from the date of expiry of a period of one month from the date notice is received by the appellant. The appellant resumed duty on 15.12.1994 after submitting fitness certificate from government dispensary, Gwalior, where he had taken treatment. The services of the appellant were terminated with effect from 31.12.1994 under Rule 5 of clause (1) of the Temporary Service Rules. On 16.1.1995, the competent authority sanctioned leave without pay for his illness from 7.10.1994 to 14.12.1994 after the receipt of the termination order. The appellant made representation for reinstatement. After a gap of more than 4 months, the Commissioner of Police reinstated him in service forthwith with the provision that intervening period from 1.1.1995 till he was reinstated will be decided at the time of finalisation of his disciplinary enquiry. The appellant retained service after reinstatement order dated 25.5.1995. However, he again fell ill and was on leave for several days on medical grounds and was granted leave by the respondents. On 24.07.1995, disciplinary enquiry was initiated against the appellant under Delhi Police (Punishment & Appeal Rules, 1980). The disciplinary enquiry officer served a charge sheet dated 24.02.1996 on the appellant. The enquiry officer submitted his findings on 22.04.1996. The enquiry officer concluded that acts of the appellant are highly reprehensible and untenable and, therefore, the charge against him stands fully proved. On 25.06.1996, the disciplinary authority imposed the penalty of removal from service on the appellant. The appellant submitted his appeal on 05.07.1996 which was rejected by the 2nd respondent herein. The appellant submitted a fresh revision and the mercy petition which were rejected on 02.06.1997 and 27.06.1998 respectively. The appellant approached the Central Administrative Tribunal, New Delhi which also dismissed the O.A.No. 1195 of 1998. Thereupon the appellant filed the writ-petition in the High Court which was also dismissed. Being aggrieved, the appellant preferred this Special Leave Petition/Appeal.

4. The learned counsel for the appellant Mr. Harbans Lal Bajaj submitted that the appellant never committed any misconduct as alleged in the charge sheet and did not absent himself from duty willingly or deliberately or acts of negligence and, therefore, the disciplinary authorities were wrong in holding the appellant guilty. He further submitted that it is a case of absence from duty due to appellant s long illness supported by application for leave along with medical certificate by c

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2004 Supreme(SC) 318

IMPORTANT POINTPunishment of dismissal/removal from service can be awarded only for acts of grave nature or as cumulative effect of continued misconduct proving incorrigibility of complete unfitness for police service.

Cases Referred (1)

IMPORTANT POINT
Punishment of dismissal/removal from service can be awarded only for acts of grave nature or as cumulative effect of continued misconduct proving incorrigibility of complete unfitness for police service.