Back
S. N. PATHAK
Nahun Oraon – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard.
2. Petitioner has approached this Court with a prayer for quashing the letter no. 02/D-06-01-43/ 2012, Dated 04.01.2013, issued vide Memo No. 02/D, by Inspector General of Police (Training), Jharkhand, Ranchi; the order of dismissal passed by the Deputy Inspector General of Police, South Chhotanagpur Area, Ranchi, issued vide memo no. 993, dated 17.03.2012 as also the order of dismissal of petitioner from service, vide Ranchi District Order No. 5156 of 2008, passed by the Superintendent of Police, Ranchi issued vide memo no. 3877, dated 07.11.2008/25.10.2008. Petitioner has further prayed for a direction upon the respondents to allow him to join services with all consequential benefits.
3. As per factual matrix, petitioner was appointed as a constable in the erstwhile state of Bihar on 15.10.1999. After his appointment, petitioner was discharging his duties efficiently and to the satisfaction of the superior authorities. It is case of the petitioner that in the year 2002, seven days’ compensatory leave was sanctioned to the petitioner and after expiry of the said period, he gave his joining. Petitioner remained absent from 31.03.2005 up to 05.06.2005 and thereafter
The party who invokes the extra ordinary jurisdiction under Article 32 and Article 226 is supposed to the truthful, frank and open. He cannot be allowed to play ‘hide and seek’ or to ‘pick and choose....
The importance of truthfulness and openness when invoking extraordinary jurisdiction under Article 32 and Article 226, and the serious view taken on indiscipline in the Armed Forces.
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.
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.
Disciplinary actions must follow due process, and absence due to illness cannot be deemed willful misconduct without proper inquiry.
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
