Back
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
ANAND SHARMA
Pooran Mal – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
ANAND SHARMA, J.
1. By filing the instant writ petition, the petitioner has assailed legality and validity of penalty order dated 31.08.2006, as well as the Appellate order dated 05.03.2008 whereby appeal filed by the petitioner against penalty of removal from service has been rejected.
2. Facts in brief are that the petitioner has come out with a case that he was appointed on the post of Constable in respondent-Department in the year 1984. He applied for Privilege Leave (P.L.) of 45 days, which was granted to him and accordingly he proceeded on sanctioned leave from 18.06.2004 for a period of 45 days. Thereafter on completion of the aforesaid leave period, he requested for extending the leave which was also sanctioned for 30 more days and accordingly he was required to report on duty on 01.09.2004. As per the petitioner unfortunately, he was falsely implicated in a criminal case under Section 302 of IPC, due to which, in order to seek legal advise and to avail remedies for his safeguard, he could not report on duty and remained absent for as many as 175 days.
3. Thereupon, the Superintendent of Police (Headquarter), Jaipur City, Jaipur, issued one charge-sheet under Rule 16
The court upheld the disciplinary authority's decision, affirming that the absence was willful and the disciplinary process was properly followed, emphasizing the limited scope of judicial review.
Disciplinary authorities must adhere to procedural fairness, including providing defense opportunities, failure of which can breach principles of natural justice, but penalties imposed for gross indi....
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.
Disciplinary actions for willful absence must be substantiated by evidence; failure to provide medical justification can uphold discharge under police service rules.
Judicial review in disciplinary matters is limited; courts may intervene if the penalty is shockingly disproportionate to the misconduct.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
