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IN THE HIGH COURT OF DELHI AT NEW DELHI
SUBRAMONIUM PRASAD, SAURABH BANERJEE
Prem Shankar Dwivedi – Appellant
Versus
UOI – Respondent
| Table of Content |
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| 1. challenge to termination based on absence and health. (Para 1 , 2) |
JUDGMENT :
1. The instant writ petition is filed by the Petitioner challenging the Order dated 08.05.2004 passed by the Respondent No. 4 herein i.e., Adjutant, 6th Battalion, ITBP Force, terminating the services of the Petitioner and the subsequent Orders dated 30.09.2004, passed by the Director Inspector General (LWA); order dated 28.04.2006 passed by Inspector General, ITBP (HQ), confirming the Order dated 08.05.2004. The Petitioner also challenges the Order dated 28.01.2004 vide which the Petitioner was declared as an absconder.
2. Shorn of unnecessary details, the facts leading to this writ petition are as follows –
a. Petitioner was appointed as a Ground Duty Constable in the Indo-Tibetan Border Police (ITBP) in the year 1987. Thereafter, he was promoted to the rank of Lance Naik Ground Duty.
b. It is stated that while working as Lance Naik and being posted at 6th Battalion, ITBP, Ramgarh, District Panchkula, Haryana, the Petitioner sought for an earned leave of 60 days commencing from 15.02.2003 to 18.04.2003. The leave was sanctioned by the Respondent No. 4 and the Petitioner left for his hometo
Due process requires appellate decisions to include reasons, and failure to consider significant facts may warrant a remand for reevaluation.
Dismissal for desertion disproportionate for long-serving employee overstaying leave due to illness with prior intimation, absent proper inquiry; substitute with deemed discharge upon 20 years pensio....
The court established that disciplinary authorities have the jurisdiction to dismiss personnel for unauthorized absence, provided due process is followed as per the governing statutes.
Proportionality of punishment and adherence to prescribed procedures in disciplinary proceedings.
Resignation cannot be accepted during a pending departmental enquiry, and unauthorized absence from duty can lead to removal from service.
Disciplinary actions must follow due process, and absence due to illness cannot be deemed willful misconduct without proper inquiry.
Discharge of police personnel without inquiry violates natural justice and mandatory administrative procedures.
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