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N. UNNI KRISHNAN NAIR
Dilip Gogoi – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
N. Unni Krishnan Nair, J.
1. Heard Mr. P.J. Saikia, learned senior counsel, assisted by Mr. R.S. Mishra, learned counsel, appearing on behalf of the petitioner. Also heard Mr. J.K. Goswami, learned Addl. Senior Government Advocate, appearing on behalf of the State Respondents.
2. The petitioner by way of instituting the present writ petition, has presented a challenge to an order, dated 29.02.2012, passed by the Superintendent of Police, Dhemaji, imposing upon the petitioner the penalty of dismissal from service on conclusion of a departmental proceeding as instituted against him in the matter. The petitioner has also presented a challenge to an order, dated 05.11.2012, passed by the appellate authority rejecting the appeal as preferred by the petitioner in the matter.
3. The petitioner, herein, was initially recruited as an Unarmed Branch Constable in the Assam Police in the year 1991. Thereafter, while he was posted as a Constable(UB) at Dhemaji DEF; the petitioner came to be placed under suspension w.e.f. 15.11.2008. The said order of suspension was followed by initiation of a departmental proceeding by way of issuance of a Show Cause Notice, dated 05.01.2009, wherein, it
Habitual absenteeism in a disciplined force justifies dismissal, and previous misconduct can be considered in determining penalties.
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 emphasized that while past conduct can influence punishment, it cannot serve as the sole basis for dismissal without it being specifically charged and substantiated.
Modification of penalty that is imposed by disciplinary authority unless, in an exceptional circumstances, is a realm of the powers of Disciplinary Authority. Therefore matter is to be remitted back ....
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.
A disciplinary authority is empowered to impose dismissal under Section 11 of the Central Reserve Police Force Act, 1949, and past conduct can be considered in determining the penalty for indisciplin....
Disciplinary proceedings must adhere to procedural fairness and prescribed rules, and penalties not explicitly stated in the governing rules cannot be imposed.
The quantum of penalty should not be interfered with unless shockingly disproportionate to the misconduct. The gravity of the misconduct, the frequency of such conduct, and the member's service histo....
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