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N. UNNI KRISHNAN NAIR
Jayanta Gogoi, S/o. Gonesh Gogoi – Appellant
Versus
State of Assam, Rep. by the Commissioner and Secy. to the Govt. of Assam, Deptt. of Home, Dispur – Respondent
JUDGMENT :
N. Unni Krishnan Nair, J.
Heard Mr. R. Phukan, learned counsel for the petitioner. Also heard Mr. T.C. Chutia, learned Addl. Senior Government Advocate, Assam, appearing on behalf of all the respondents.
2. The petitioner by way of instituting the present proceeding, has presented a challenge to an order, dated 31.03.2009, issued by the Commandant, 3rd Assam Police Battalion, Titabor, Jorhat, Assam, imposing upon the petitioner, the penalty of removal from his service pursuant to a Disciplinary Proceeding so initiated against him. The petitioner has also assailed an order, dated 21.03.2014, passed by the appellate authority rejecting his appeal and thereby, upholding the penalty so imposed upon the petitioner, vide the order, dated 31.03.2009.
3. The petitioner, herein, was appointed as a Constable in the 3rd Assam Police Battalion in the year 1997. While posted in such capacity in the 3rd Assam Police Battalion on 14.04.2008; the petitioner had to leave his Unit and proceeded to his hometown on account of certain mental disorders suffered by him during the said period. The petitioner not having resumed his service; the Commandant, 3rd Assam Police Battalion, Titabor, vide o
Disciplinary authorities have the right to impose penalties for unauthorized absence, provided due process is followed and the penalties are proportionate to the misconduct.
The penalty imposed on the petitioner for unauthorized absence was found disproportionate due to his health issues, leading to a ruling for compulsory retirement with pension instead.
Point of Law : Discipline is the backbone of the Police force and the highest degree of discipline is imperative for the smooth functioning of the police force.
Habitual absenteeism in a disciplined force justifies dismissal, and previous misconduct can be considered in determining penalties.
Disciplinary actions must follow due process, and absence due to illness cannot be deemed willful misconduct without proper inquiry.
Habitual absenteeism in a disciplined force can justify the imposition of a major penalty like dismissal from service, and such penalty may not be considered disproportionate to the allegations.
The court upheld the removal of a constable for repeated indiscipline, affirming the adherence to procedural safeguards in disciplinary proceedings.
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