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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
N. UNNI KRISHNAN NAIR
Puspa Ram Borah S/o Lt., Sisu Ram Borah – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
(N. UNNI KRISHNAN NAIR, J.)
Heard Mr. Nabin Chandra Das, learned counsel for the petitioner. Also heard Mr. D. Borah, learned Government Advocate, appearing on behalf of all the respondents.
2. The petitioner, herein, by way of instituting the present proceeding, has presented a challenge to an order, dated 13.03.2015, issued by the Commandant, 8th Assam Police Battalion, Abhayapuri, imposing upon him the penalty of removal from service on conclusion of a Disciplinary Proceeding instituted against him.
3. The brief facts requisite for adjudication of the issue arising in the present proceeding, is noticed as under:
The petitioner, herein, who was initially appointed as a Constable in the 8th Assam Police Battalion, on 01.04.1985, by riding the ladder of promotion, was promoted to the rank of Havildar. While posted as a Havildar in the 8th Assam Police Battalion, the petitioner, herein, was taken ill on 10.05.2014, and he was admitted to the Unit Hospital on 11.05.2014. During the examination of the petitioner, the attending Doctor of the Unit Hospital had diagnosed him to be suffering from “Alcohol Withdrawal Syndrome”.
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.
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 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.
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.
Disciplinary action must consider proportionality of punishment in light of circumstances, including health issues, and proper procedure must be followed to ensure fair treatment.
Disciplinary proceedings must adhere to principles of natural justice, ensuring fair enquiry and opportunity for the accused to present their case.
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