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S. N. PATHAK
Samuel Dungdung – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. Heard the parties.
2. Petitioner has approached this Court with a prayer for quashing the order dated 15.05.2012, whereby the respondent no. 4 has dismissed the petitioner from service.
Further prayer has been made for quashing the appellate order dated 08.04.2013, passed by the respondent No. 3, whereby the appeal preferred by the petitioner against order of dismissal dated 15.05.2015, has been dismissed by the appellate authority.
Petitioner has also prayed that after quashment of the said orders, the respondents may be directed to reinstate the petitioner with all consequential benefits.
3. As per the factual matrix, the petitioner was appointed as Police Constable in the State of Jharkhand under the Department of Home. Thereafter, he was posted at several places. It is the case of the petitioner that when he was posted at Dhurwa Police Station, on 16.12.2007, he left office without any intimation and thereafter on 08.01.2008, he was put under suspension and on 15.05.2012, when he did not report at the headquarters, he was dismissed from service in a regular departmental proceeding.
Aggrieved by the dismissal order, petitioner has been constrained to knock the door
The main legal point established in the judgment is that in a departmental proceeding, the absence must be proven to be willful, and disproportionate punishment warrants judicial review.
Absence due to compelling circumstances cannot be considered willful, and dismissal orders should consider all relevant aspects before being issued.
Dismissal should only be imposed for willful and intentional absence, and the punishment should be proportionate to the gravity of the misconduct.
Sub-Section (2) of Section 145 of 'the Act' speaks about withdrawal from duty in contravention of Section 29 of 'the Act'. Section 29 of 'the Act' provides that no Police Officer shall withdraw himse....
The court upheld the dismissal of a disciplined force member for unauthorized absence and providing false information, emphasizing the importance of discipline and the limited scope of judicial revie....
The quantum of punishment imposed on a member of a disciplined force, such as a police constable, for unauthorized absence should be proportionate to the charges established, considering factors such....
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