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S. N. PATHAK
Basudeo Sao – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
S.N. PATHAK, J.
1. Heard the learned counsel for the petitioner and learned counsel for the respondents.
2. The petitioner has filed this writ petition seeking quashment of the order contained in Memo No. 160 dated 11.06.2009 issued by the Commandant Jharkhand Armed Police-2, Tatisilway, Ranchi, whereby the petitioner has been dismissed from services. Appellate order dated 22.01.2010 issued by Deputy Inspector General of Police, Jharkhand Armed Police, Ranchi is also under challenge.
3. Factual matrix of the case is that the petitioner was appointed on the post of Constable on 29.03.2006 in Jharkhand Armed Police-2, Tatisilwai, Ranchi. While the petitioner was posted in E-Company Camp, Giridih Stadium, a memo of charge for unauthorized absence of 75 days was issued. The enquiry officer submitted the enquiry report finding the petitioner guilty of the charges. Further, in the enquiry report it was observed that the petitioner was given ample opportunity to examine the witnesses, but the petitioner remained absent during the proceedings. Though letter was sent to the petitioner's residence, but the petitioner remained absent and the petitioner was found guilty of the charges.
Absence due to compelling circumstances cannot be considered willful, and dismissal orders should consider all relevant aspects before being issued.
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.
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.
Dismissal should only be imposed for willful and intentional absence, and the punishment should be proportionate to the gravity of the misconduct.
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....
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....
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