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DEVASHIS BARUAH
Bedawati Saikia, W/o. Sri Mukul Das – Appellant
Versus
State of Assam, Rep. by the Commissioner and Secretary to the Govt. of Assam, Home Department – Respondent
JUDGMENT :
The petitioner herein being aggrieved by the order of removal dated 05.11.2005 and not for treating the period of her absence as on duty has approached this Court by filing the instant writ petition.
2. The case of the petitioner herein is that the petitioner was appointed as Woman Police Constable on 04.07.1998 at Morigaon Police Reserve. After completion of training, the petitioner was posted at Moirabari Police Station wherein she resumed duties on 06.10.2001. It is the further case of the petitioner that the petitioner continued to render her services without any blemish till 27.10.2004. However, unfortunately, the petitioner suffered from mental illness and became senseless for which the petitioner was compelled to take necessary medical treatment. It has been stated in the writ petition that the petitioner had taken treatment in the Nuero-Psychy Clinic, Nagaon as well as at the Lokopriya Gopinath Bordoloi Regional Institute of Mental Health, Tezpur.
3. During this period, when the treatment was going on, the petitioner received show cause notice. But on account of her mental illness, she was not in a condition to reply. The petitioner claimed that she recovered from h
The need for considering incapacitation due to mental illness and providing an opportunity of hearing in dismissal cases.
Disciplinary authorities have the right to impose penalties for unauthorized absence, provided due process is followed and the penalties are proportionate to the misconduct.
Compliance with transfer orders and duty obligations, especially in the context of medical reasons, is crucial in service law, and the proportionality of punishment to charges is a key consideration.
The main legal point established is that the punishment imposed should be proportionate to the misconduct, especially in cases involving health issues, and the authority should consider all relevant ....
Disciplinary actions must follow due process, and absence due to illness cannot be deemed willful misconduct without proper inquiry.
The Court emphasized the importance of integrity and devotion to duty in Uniformed Services, and held that unauthorized absence, even with medical grounds, may justify dismissal from service.
The dismissal of a government employee for non-compliance with transfer orders is justified when the employee fails to report for duty, despite health conditions.
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