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MADHURESH PRASAD
Amar Kant Chaubey – Appellant
Versus
State of Bihar – Respondent
MADHURESH PRASAD, J.:–Heard learned counsel for the petitioner and learned counsel for the State.
2. While the petitioner was posted as Station House Officer (for brevity ‘SHO’) at Laukahi, he proceeded for leave of five days from 06.03.2006. The leave was sanctioned on the ground of demise in the family. The petitioner did not resume his duty w.e.f. 12.03.2006. He has overstayed for five days beyond the period of leave. The said lapse on the part of petitioner has been taken cognizance by the Authorities, who have issued a charge memo dated 20.04.2006, as contained in Annexure-1 to the writ petition. The two charges for which the inquiry was conducted are as follows:—
^^¼d½ tc ;s ykSgdh Fkkuk ds Fkkuk izHkkjh ds :i esa inLFkkfir Fks rks fnukad 06-03-2006 ds vijkg~u esa 5 fnuksa ds vkdfLed vodk'k esa izLFkku fd;s FksA buds vkosnu esa fj'rsnkj dh e`R;q gksus dk dkj.k fy[kk x;k FkkA bUgsa fnukad 12-03-2006 dks vius drZO; ij ;ksxnku djuk pkfg, Fkk] ijUrq ;s gksyh ioZ egRoiw.kZ fofèk&OoLFkk dk;Z gksus ds ckotwn Hkh LosPNk ls vodk'k esa fiNM+sA
¼[k½ dq[;kr vijkèkh lat; ;kno dks fxjrkj djus dk vkns'k budks fn;k x;k Fkk] ijUrq buds }kjk fxjrkj ugha fd;k x;kA tcfd vijkèkh Fkkuk {ks= esa gh Fk
The central legal point established in the judgment is that 'wilful overstaying' does not include situations where a person was forced to overstay due to health hazards, and that excessive punishment....
Procedural fairness and adherence to natural justice are paramount in disciplinary proceedings; punishment must be based solely on the charge framed, and prior records cannot be considered unless exp....
The court ruled that while the petitioner was guilty of misconduct, the punishment of removal from service was found to be disproportionate, warranting reinstatement with a lesser penalty.
The court emphasized the importance of procedural compliance in disciplinary proceedings and upheld the principle of proportionality in imposing punishment.
The doctrine of proportionality must be applied in determining the proportionality of punishment in disciplinary proceedings, and the punishment must be commensurate with the fault committed.
Regularization of unauthorized absence as Extraordinary Leave without salary precludes the continuation of disciplinary proceedings and consideration of the petitioner's long and clean service record....
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